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Transnational Human Rights Litigation
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Book Synopsis Business and Human Rights by : Dalia Palombo
Download or read book Business and Human Rights written by Dalia Palombo and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.
Book Synopsis Corporations and Transnational Human Rights Litigation by : Sarah Joseph
Download or read book Corporations and Transnational Human Rights Litigation written by Sarah Joseph and published by Hart Publishing. This book was released on 2004-08 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.
Book Synopsis Litigating Transnational Human Rights Obligations by : Mark Gibney
Download or read book Litigating Transnational Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2013-10-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Book Synopsis A Transnational Human Rights Approach to Human Trafficking by : Yoon Jin Shin
Download or read book A Transnational Human Rights Approach to Human Trafficking written by Yoon Jin Shin and published by BRILL. This book was released on 2017-11-06 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Transnational Human Rights Approach to Human Trafficking: Empowering the Powerless, Yoon Jin Shin proposes an innovative approach to empower individuals victimized by human trafficking, one of the most serious human rights challenges in today’s world of globalization and migration. Based on thorough empirical research and extensive comparative studies, Shin illuminates complex realities of migrant individuals experiencing trafficking situations and the problems of the current anti-trafficking regime driven by destination countries’ self-interest in crime and border control. Shin suggests an alternative transnational human rights framework, in which victimized migrants, who have been treated as passive targets of victim-witness protection or immigration regulation, finally attain their true voices as empowered rights-holders and effectively exercise their human, civil, and labor rights. Shin received the 2014-2015 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her doctoral dissertation on which this book is based.
Book Synopsis Transnational Lawmaking Coalitions for Human Rights by : Nina Reiners
Download or read book Transnational Lawmaking Coalitions for Human Rights written by Nina Reiners and published by Cambridge University Press. This book was released on 2021-12-02 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how expert bodies and non-state empowered professionals come together to shape human rights law.
Book Synopsis Transnational Corporations and Human Rights by : Gwynne L. Skinner
Download or read book Transnational Corporations and Human Rights written by Gwynne L. Skinner and published by Cambridge University Press. This book was released on 2020-08-20 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
Book Synopsis International Human Rights Litigation in U.S. Courts by : Beth Stephens
Download or read book International Human Rights Litigation in U.S. Courts written by Beth Stephens and published by Hotei Publishing. This book was released on 1996 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions.
Book Synopsis The Slave Trade and the Origins of International Human Rights Law by : Jenny S. Martinez
Download or read book The Slave Trade and the Origins of International Human Rights Law written by Jenny S. Martinez and published by OUP USA. This book was released on 2012-01-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
Book Synopsis Torture as Tort by : Craig Martin Scott
Download or read book Torture as Tort written by Craig Martin Scott and published by Bloomsbury Publishing. This book was released on 2001-05-22 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
Book Synopsis Social Institutions and International Human Rights Law by : Julie Fraser
Download or read book Social Institutions and International Human Rights Law written by Julie Fraser and published by Cambridge University Press. This book was released on 2020-08-06 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.
Book Synopsis Human Rights and the Dark Side of Globalisation by : Thomas Gammeltoft-Hansen
Download or read book Human Rights and the Dark Side of Globalisation written by Thomas Gammeltoft-Hansen and published by Taylor & Francis. This book was released on 2016-12-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
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 Human Rights & Gender Violence by : Sally Engle Merry
Download or read book Human Rights & Gender Violence written by Sally Engle Merry and published by University of Chicago Press. This book was released on 2009-07-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
Book Synopsis Human Rights and Private International Law by : J. J. Fawcett
Download or read book Human Rights and Private International Law written by J. J. Fawcett and published by Oxford Private International L. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1: Introduction 2: Human rights, private international law, and their interaction 3: The right to a fair trial 4: The right to a fair trial and jurisdiction under the EU rules 5: The right to a fair trial and recognition and enforcement of foreign judgments under the EU rules 6: The right to a fair trial and jurisdiction under national rules 7: The right to a fair trial and enforcement and recognition of foreign judgments under the traditional English rules 8: The right to a fair trial and private international law: Concluding remarks 9: The prohibition of discrimination and private international law 10: Freedom of expression and the right to respect for private life: International defamation and invasion of privacy 11: The right to marry, the right to respect for family life, the prohibition on discrimination and international marriage 12: Religious rights and recognition of marriage and extra-judicial divorce 13: Right to respect for family life and the rights of the child: International Child Abduction 14: Right to respect for private and family life and related rights: Parental status 15: The right to property, foreign judgments, and cross-border property disputes 16: Overall conclusions.
Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy
Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Book Synopsis International Human Rights by : Jack Donnelly
Download or read book International Human Rights written by Jack Donnelly and published by Westview Press. This book was released on 2012-07-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights examines the ways in which states and other international actors have addressed human rights since the end of World War II. This unique textbook features substantial attention to theory, history, international and regional institutions, and the role of transnational actors in the protection and promotion of human rights. Its purpose is to explore the difficult and contentious politics of human rights, and how those political dimensions have been addressed at the national, regional, and especially international levels. The fifth edition is substantially updated, rewritten, and revised throughout, including updates on multilateral institutions (especially the UN's Universal Periodic Review process and the Human Rights Council's Special Procedures mechanisms), regional systems, human rights in foreign policy (including a specific chapter on U.S. foreign policy), humanitarian intervention and the "responsibility to protect," and (anti)terrorism and human rights. The book also includes a new chapter on the unity (indivisibility) of human rights. Chapters include discussion questions, case studies for in-depth examination of topics (including new case studies on the U.N. Special Procedures, Myanmar, and Israeli settlements in West-Bank Palestine), and ten "problems" (including new entries on the war in Syria and hierarchies between human rights) tailored to promote classroom discussion.
Book Synopsis The Law of International Human Rights Protection by : Walter Kälin
Download or read book The Law of International Human Rights Protection written by Walter Kälin and published by . This book was released on 2019 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.
