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.
Download or read book International Human Rights Litigation in United States Courts written by Beth Stephens and published by BRILL. This book was released on 2008-01-01 with total page 655 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, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.
Download or read book Enforcing International Human Rights in Domestic Courts written by Benedetto Conforti and published by Martinus Nijhoff Publishers. This book was released on 1997-04-08 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: CASES - Michael J. Churgin.
Download or read book World Justice written by Mark Gibney and published by Routledge. This book was released on 2021-11-18 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.
Download or read book International Human Rights Litigation A Guide for Judges written by Federal Judicial Center and published by Government Printing Office. This book was released on 2017-03-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. In the common vernacular, the phrase "human rights" often is construed broadly to encompass many forms of civil rights and constitutional claims. The focus here is narrower. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law. Related products: Find more resources about Human Rights here: https: //bookstore.gpo.gov/catalog/human-rights
Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Download or read book Foreign Affairs Litigation in United States Courts written by John Norton Moore and published by Martinus Nijhoff Publishers. This book was released on 2013-09-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press, USA. This book was released on 2020 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Download or read book Application of International Human Rights Law in State and Federal Courts written by Constance de la Vega and published by . This book was released on 2020 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lt;brgt;This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers. lt;brgt;lt;brgt;State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a party. But because the United States ratified few human rights treaties, protection of human rights in this manner has proved difficult. Nonetheless, federal and state court decisions have provided promising precedents for additional applications of human rights law. This article identifies two significant developments: federal courts have held that allegations of violation of customary international law state a cause of action; and federal and state courts have relied upon international human rights laws and standards to defend and expand individual rights. This article addresses the developments in these cases and in cases involving direct application of human rights treaties.lt;brgt;lt;brgt.
Download or read book Justice Across Borders written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2008-06-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book International Human Rights written by Hurst Hannum and published by Aspen Publishing. This book was released on 2023-04-01 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of historical developments in human rights as well as modern issues and conflicts. Thoroughly updated text that includes new documents and jurisprudence, as well as recent scholarship. Exposition of the interrelationship between human rights and international humanitarian law and international criminal law. Updated examination of the domestic enforcement of international human rights law.
Download or read book Federal Courts and the International Human Rights Paradigm written by Kenneth C. Randall and published by . This book was released on 1990 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcing International Human Rights in Domestic Courts written by Benedetto Conforti and published by BRILL. This book was released on 2021-09-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Download or read book The U S Supreme Court and the Domestic Force of International Human Rights Law written by Stephen A. Simon and published by Lexington Books. This book was released on 2016-07-25 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The core idea underlying human rights is that everyone is inherently and equally worthy of respect as a person. The emergence of that idea has been one of the most significant international developments since the Second World War. But it is one thing to embrace something as an aspirational ideal and quite another to recognize it as enforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights have as law within the American legal system? The U.S. Supreme Court and the Domestic Force of International Human Rights Law examines this question through the prism of the U.S. Supreme Court’s handling of controversies bearing most closely on it. It shows that the specific disputes the Court has addressed can be best understood by recognizing how each interconnects with an overarching debate over the proper role to be accorded international human rights law within American institutions. By approaching the subject from the justices’ standpoint, this book reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.
Download or read book International Law in the U S Legal System written by Curtis A. Bradley and published by Oxford University Press, USA. This book was released on 2015 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how all the major forms of international law operate within the United States and addresses many areas of controversy, including the role of international law in the war on terrorism, the proper scope of international human rights litigation, and the relevance of international law to capital punishment.
