Download or read book Justiciability of Human Rights Law in Domestic Jurisdictions written by Alice Diver and published by Springer. This book was released on 2015-12-15 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
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 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 Hierarchy in International Law written by Erika De Wet and published by Oxford University Press. This book was released on 2012-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.
Download or read book The International Dimension of Human Rights written by Claudia Martin and published by Inter-American Development Bank. This book was released on 2001-01-01 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Dimension of Human Rights includes extracts of judgments, reports and opinions of international supervisory organs and domestic judicial tribunals, as well as the work of scholars in this subject. This casebook has been divided into seven chapters that deal with the following topics: basic notions of international law; the relationship between international law and domestic law; the right to an effective remedy; the right to liberty and security of persons and the right not to be tortured; the right to a fair trial; economic, social and cultural rights; and other aspects of international protection of human rights, such as the rights of women, the rights of indigenous peoples and environmental rights. The casebook also includes the most relevant international treaties on human rights adopted by the Inter-American, universal and European systems.
Download or read book Invoking International Human Rights Law in Domestic Courts written by Richard B. Lillich and published by American Bar Association. This book was released on 1985 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication describes the application of international human rights law, treaties, and cases in U.S. courts.
Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
Download or read book Business and Human Rights as Law written by Yousuf Aftab and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--
Download or read book The Social Rights Jurisprudence in the Inter American Court of Human Rights written by Isaac de Paz González and published by Edward Elgar Publishing. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Download or read book Global Justice State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Download or read book Between Possibility and Peril written by Chris Kendall and published by University of Pennsylvania Press. This book was released on 2024-07-16 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: When do domestic courts protect international human rights? By the end of the twentieth century, the world had witnessed an unprecedented flourishing of international human rights law and a growing number of democratic states whose domestic institutions promised to protect those rights. A single institution often became the center of these efforts: the court. Advocates in newly democratized states could look to high courts to demand that their governments comply with international law and bring policy into line with liberal rhetoric. This process, however, put these young courts in a difficult position. With no deep well of historical legitimacy to draw on in new political environments, courts had to weigh high-minded legal principles against the limited resources or political preferences of elected governments. In such situations, how did these courts respond, and what strategies allowed some to successfully build their legitimacy over time while others faltered, succumbing to political pressure or suffering political backlash? In Between Possibility and Peril, Chris Kendall explores this dynamic in three states—Colombia, Mexico, and South Africa—in the twenty years following each country’s democratic transition. The case studies reveal a common pattern: what matters most is not international law itself, but a court’s ability to control its procedural environment. Control over these “rules of the game” allows a court to selectively engage international human rights issues that can enhance its legitimacy and build public support while avoiding those issues likely to put it in direct conflict with hostile political actors. The result is paradoxical—the most successful courts in the long term are those who in the short term often choose to disappoint rights advocates.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book The Human Right to Health Norton Global Ethics Series written by Jonathan Wolff and published by W. W. Norton & Company. This book was released on 2012-02-20 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Download or read book Research Handbook on the Politics of International Law written by Wayne Sandholtz and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Download or read book National Courts and the International Rule of Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2012 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
Download or read book The Right to Food written by Katarina Tomaševski and published by BRILL. This book was released on 2021-09-27 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt:
