Download or read book The Access of Individuals to International Justice written by Antônio Augusto Cançado Trindade and published by OUP Oxford. This book was released on 2011-08-25 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).

Download or read book International Human Rights Law in a Global Context written by Felipe Gómez Isa and published by Universidad de Deusto. This book was released on 2009-01-01 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

Download or read book Eur Zeitschrift Des ffentl Rechts written by and published by . This book was released on 2001 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Historical Dictionary of the Berbers Imazighen written by Hsain Ilahiane and published by Rowman & Littlefield. This book was released on 2017-03-27 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berbers, also known as Imazighen, are the ancient inhabitants of North Africa, but rarely have they formed an actual kingdom or separate nation state. Ranging anywhere between 15-50 million, depending on how they are classified, the Berbers have influenced the culture and religion of Roman North Africa and played key roles in the spread of Islam and its culture in North Africa, Spain, and Sub-Saharan Africa. Taken together, these dynamics have over time converted to redefine the field of Berber identity and its socio-political representations and symbols, making it an even more important issue in the 21st century. This second edition of Historical Dictionary of the Berbers contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 200 cross-referenced entries on important personalities, places, events, institutions, and aspects of culture, society, economy, and politics. This book is an excellent resource for students, researchers, and anyone wanting to know more about the Berbers.

Download or read book A Volume of Oriental Studies written by Thomas Walker Arnold and published by . This book was released on 1922 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Le rayonnement international de la jurisprudence de la Cour europ enne des droits de l homme written by Gérard Cohen Jonathan and published by . This book was released on 2005-01-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: La jurisprudence de la Cour de Strasbourg exerce une influence naturelle, bien qu'inégalement intense, sur la pratique des juridictions suprêmes des Etats parties contractantes à la Convention européenne des droits de l'homme. De manière peut-être plus surprenante, les arrêts et décisions de la Cour européenne sont également devenus une source d'inspiration pour les tribunaux supérieurs des Etats tiers. Parallèlement, l'internationalisation du rayonnement de la jurisprudence européenne des droits de l'homme est une réalité de plus en plus visible. En effet, ta contribution de la Cour (et jadis de la Commission) au droit international des droits de l'homme est comparable à un vivier dans lequel sont amenés à puiser la Cour interaméricaine des droits de l'homme, la Cour de justice des Communautés européennes, la Commission africaine des droits de l'homme et des peuples, le Comité des droits de l'homme des Nations Unies, les Tribunaux pénaux internationaux, et même les juridictions administratives internationales ainsi que les tribunaux arbitraux. Les emprunts normatifs au droit de Strasbourg pratiqués par les différentes instances sont certes d'ampleur variable. En outre, ils répondent bien souvent à des considérations d'opportunité. Néanmoins, ils sont révélateurs d'une méthodologie commune : le recours au droit international comparé des droits de l'homme. La prise en compte des interprétations délivrées et des solutions consacrées par la Cour européenne ne doit toutefois pas prêter à méprise : elle est davantage illustrative d'un consensus international sur un point donné que d'une européanisation du contentieux international des droits de la personne. Pour autant l'importance de la diffusion de la jurisprudence de la Cour européenne ne doit pas être sous-estimée. Elle constitue, fort légitimement, un motif de fierté pour les juges de Strasbourg. Mais corrélativement elle les astreint à une production jurisprudentielle frappée du sceau de l'excellence.

Download or read book The Rule of Law in International Affairs written by Ian Brownlie and published by Martinus Nijhoff Publishers. This book was released on 1998-08-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.

Download or read book The Principle of Proportionality in the Laws of Europe written by Evelyn Ellis and published by Hart Publishing. This book was released on 1999-03-19 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.

Download or read book You the People written by Vanessa B. Beasley and published by Texas A&M University Press. This book was released on 2011-11-07 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: New in paperback As we ask anew in these troubled times what it means to be an American, You, the People provides perspective by casting its eye over the answers given by past U.S. presidents in their addresses to the public. Who is an American, and who is not? And yet, as Vanessa Beasley demonstrates in this eloquent exploration of a century of presidential speeches, the questions are not new. Since the Founders first identified the nation as “we, the people,” the faces and accents of U.S. citizens have changed dramatically due to immigration and other constitutive changes. U.S. presidents have often spoken as if there were one monolithic American people. Here Beasley traces rhetorical constructions of American national identity in presidents’ inaugural addresses and state of the union messages from 1885 through 2000. She argues convincingly that while the demographics of the voting citizenry changed rapidly during this period, presidential definitions of American national identity did not. Chief executives have consistently employed a rhetoric of American nationalism that is simultaneously inclusive and exclusive; Beasley examines both the genius and the limitations of this language.

Download or read book Strategies of Medieval Communal Identity written by Wout Jac. van Bekkum and published by . This book was released on 2004 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading theme of this collection of essays and studies is the diversity of aspects of medieval communal identity. While the authors were selected for the very diversity of their interests, their final papers do tend to cohere around some recurrent themes. All of the studies in this volume touch upon one or more of the complex issues that lie at the heart of religious identity in the Middle Ages. They do so through concrete study of the very real practices by which medieval Jews, Christians and Muslims could police the perimeters of their spiritual communities. The authors were especially urged to note instances where religious identity was shaped without reference to dogmas, creeds, or sacred law. In no case are any of these papers satisfied with normative, legal definitions of Jew, Christian, or Muslim in medieval times. Sometimes small and subtle, sometimes explicit, dire, and violent, the techniques that emerge from these studies testify to the diversity of strategies of medieval communal identity over space and their changes over time.

Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Download or read book Constitutional Comparison written by François Venter and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

Download or read book Acta Conventus Neo Latini Hafniensis written by Rhoda Schnur and published by Arizona Center for Medieval and Renaissance Studies (ACMRS). This book was released on 1994 with total page 1134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Human Rights Universality and Diversity written by Eva Brems and published by BRILL. This book was released on 2021-10-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Human Rights and Humanitarian Norms as Customary Law written by Theodor Meron and published by Oxford University Press on Demand. This book was released on 1991 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the protection of human rights has seen a rapid growth in many areas, little attention has been paid in scholarly literature to the place of human rights in the discipline of international law. This book is an attempt to fill that gap. The inquiry is divided into two principal areas of discussion. Firstly, it looks at the relationship of human rights and humanitarian norms with customary law. Secondly, it concerns itself with the relationship of human rights and humanitarian norms with the law of state responsibility. The author examines how the contemporary human rights and humanitarian law meshes with the general principles of international law and particularly with the principles governing the international responsibility of States. The author clarifies the status of international human rights and humanitarian norms in public international law, and examines the sources, evidence, and process of creation of such rights.

Download or read book Trent 1475 written by R. Po-chia Hsia and published by Yale University Press. This book was released on 1992-01-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On Easter Sunday, 1475, the dead body of a two-year-old boy named Simon was found in the cellar of a Jewish family's house in Trent, Italy. Town magistrates arrested all eighteen Jewish men and one Jewish woman living in Trent on the charge of ritual murder - the killing of a Christian child in order to use his blood in Jewish religious rites. Under judicial torture and imprisonment, the men confessed and were condemned to death; their women-folk, who had been kept under house arrest with their children, denounced the men under torture and eventually converted to Christianity. A papal hearing in Rome about possible judicial misconduct in Trent made the trial widely known and led to a wave of anti-Jewish propaganda and other accusations of ritual murder against the Jews." "In this engrossing book, R. Pochia Hsia reconstructs the events of this tragic persecution, drawing principally on the Yeshiva Manuscript, a detailed trial record made by authorities in Trent to justify their execution of the Jews and to bolster the case for the canonization of "little Martyr Simon." Hsia depicts the Jewish victims (whose testimonies contain fragmentary stories of their tragic lives as well as forced confessions of kidnap, torture, and murder), the prosecuting magistrates, the hostile witnesses, and the few Christian neighbors who tried in vain to help the Jews. Setting the trial and its documents in the historical context of medieval blood libel, Hsia vividly portrays how fact and fiction can be blurred, how judicial torture can be couched in icy orderliness and impersonality, and how religious rites can be interpreted as ceremonies of barbarism."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Download or read book The European Convention for the Protection of Human Rights written by Mireille Delmas-Marty and published by Martinus Nijhoff Publishers. This book was released on 1992 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Human Rights:.