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The Law In A New Inter American Order
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Book Synopsis The Inter-American Human Rights System by : Par Engstrom
Download or read book The Inter-American Human Rights System written by Par Engstrom and published by Routledge. This book was released on 2020-05-21 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.
Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou
Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis The Inter-American System of Human Rights by : David John Harris
Download or read book The Inter-American System of Human Rights written by David John Harris and published by Oxford University Press on Demand. This book was released on 1998 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.
Book Synopsis The Practice and Procedure of the Inter-American Court of Human Rights by : Jo M. Pasqualucci
Download or read book The Practice and Procedure of the Inter-American Court of Human Rights written by Jo M. Pasqualucci and published by Cambridge University Press. This book was released on 2013 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
Book Synopsis The Inter-American Court of Human Rights by : Yves Haeck
Download or read book The Inter-American Court of Human Rights written by Yves Haeck and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Book Synopsis Indigenous Land Rights in the Inter-American System by : Mariana Monteiro de Matos
Download or read book Indigenous Land Rights in the Inter-American System written by Mariana Monteiro de Matos and published by BRILL. This book was released on 2020-10-12 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.
Book Synopsis Inter-American Relations by : Joshua Hyles
Download or read book Inter-American Relations written by Joshua Hyles and published by Cambridge Scholars Publishing. This book was released on 2017-06-23 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of essays presented at the 20th annual Eugene Scassa Mock Organization of American States conference, which is the nation’s only “hybrid” conference including an inter-collegiate competition and simulation of the Organization of American States, a moot court simulation of the Inter-American Court of Human Rights, and a traditional academic conference for faculty and graduate students centered on the study of Inter-American relations and politics within the Western Hemisphere. The conference invited recognized authorities and promising new scholars in the vastly varied fields associated with Latin American studies. Taking a broad view of the academic study of the Western Hemisphere, the conference and, subsequently, this volume includes research from fields as diverse as international law, spatial geography, literature, religion, political science, and history. Taken together, these essays provide a fascinating multi-dimensional look at the intricate relationships between the polities and cultures of the Americas.
Book Synopsis The American Convention on Human Rights by : Thomas M. Antkowiak
Download or read book The American Convention on Human Rights written by Thomas M. Antkowiak and published by Oxford University Press. This book was released on 2017-03-24 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the freedom of expression and reparations. They examine the case law with a victim-centered lens while identifying key jurisprudential developments, discussing critical areas that lack consistency and rigor, and proposing alternative conceptual approaches. Each chapter contains an Introduction to compare the Convention right's formulation with equivalent rights in other major international and regional treaties; a background section to consider the right's negotiation history; a Scope of Protection section to analyze the right's provisions (paragraph-by-paragraph or topic-by-topic); and lastly, a Limitations section, if applicable, to study any limitations to the right. In addition, the book's Introduction presents an up-to-date overview of the dynamic Inter-American Human Rights System, discussing the System's legal instruments, major institutions, significant impact, key developments, and current challenges.
Book Synopsis The United States and International Law by : Lucrecia García Iommi
Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why U.S. support for international law is so inconsistent
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Book Synopsis The Hidden History of International Law in the Americas by : Dr. Juan Pablo Scarfi
Download or read book The Hidden History of International Law in the Americas written by Dr. Juan Pablo Scarfi and published by Oxford University Press. This book was released on 2017-03-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
Book Synopsis The New Pan-Americanism and the Structuring of Inter-American Relations by : Juan Pablo Scarfi
Download or read book The New Pan-Americanism and the Structuring of Inter-American Relations written by Juan Pablo Scarfi and published by Routledge. This book was released on 2022-03-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is Pan-Americanism? People have been struggling with that problem for over a century. Pan-Americanism is (and has been) an amalgam of diplomatic, political, economic, and cultural projects under the umbrella of hemispheric cooperation and housed institutionally in the Pan-American Union, and later the Organization of American States. But what made Pan-Americanism exceptional? The chapters in this volume suggest that Pan-Americanism played a central and lasting role in structuring inter-American relations, because of the ways in which the movement was reinvented over time, and because the actors who shaped it often redefined and redeployed the term. Through the twentieth century, new appropriations of Pan-Americanism structured, restructured, and redefined inter-American relations. Taken together, these chapters underscore two exciting new shifts in how scholars and others have come to understand Pan-Americanism and inter-American relations. First, Pan-Americanism is increasingly understood not simply as a diplomatic, commercial, and economic forum, but a movement that has included cultural exchange. Second, researchers, political leaders, and the media in several countries have traditionally conceived of Pan-Americanism as a mechanism of US expansionism. This volume reimagines Pan-Americanism as a movement built by actors from all corners of the Americas.
Book Synopsis Judicial Dialogue and Human Rights by : Amrei Müller
Download or read book Judicial Dialogue and Human Rights written by Amrei Müller and published by Cambridge University Press. This book was released on 2017-05-25 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Book Synopsis Contemporary U.S.-Latin American Relations by : Jorge I. Domínguez
Download or read book Contemporary U.S.-Latin American Relations written by Jorge I. Domínguez and published by Routledge. This book was released on 2010-07-09 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the research and experience of fifteen internationally recognized Latin America scholars, this insightful text presents an overview of inter-American relations during the first decade of the twenty-first century. This unique collection identifies broad changes in the international system that have had significant affects in the Western Hemisphere, including issues of politics and economics, the securitization of U.S. foreign policy, balancing U.S. primacy, the wider impact of the world beyond the Americas, especially the rise of China, and the complexities of relationships between neighbors. Contemporary U.S.-Latin American Relations focuses on the near-neighbors of the United States—Mexico, Cuba, the Caribbean and Central America—as well as the larger countries of South America—including Argentina, Brazil, Chile, Colombia, Peru, and Venezuela. Each chapter addresses a country’s relations with the United States, and each considers themes that are unique to that country’s bilateral relations as well as those themes that are more general to the relations of Latin America as a whole. This cohesive and accessible volume is required reading for Latin American politics students and scholars alike.
Book Synopsis The Calvo Clause by : Donald Richard Shea
Download or read book The Calvo Clause written by Donald Richard Shea and published by . This book was released on 1955 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Doctrine, Practice, and Advocacy in the Inter-American Human Rights System by : James Cavallaro
Download or read book Doctrine, Practice, and Advocacy in the Inter-American Human Rights System written by James Cavallaro and published by . This book was released on 2019 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book allows readers to develop a critical understanding of the inter-American human rights system, as well as the dynamics of rights abuse and state response to violations in the Americas. The inter-American human rights system consists of two bodies, the Inter-American Commission and the Inter-American Court of Human Rights. The system has been and continues to be essential for the defense and protection of human rights in the Western hemisphere.
