Download or read book Report of the Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul written by Gabriela Knaul and published by . This book was released on 2011 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report, the author summarizes her letters to government officials in 44 countries and the Gaza Strip regarding alleged human rights violations committed against judges and lawyers. The author also summarizes the responses of 18 governments to these letters. These cases were reported to her from 16 March 2010 to 15 March 2011. Cases are organized by country. The main areas of concern were threats to lawyers, including acts of interference in the discharge of their professional functions (28%). Issues relating to the fairness of judicial proceedings which include the right to be informed of the charges and undue delays in judicial proceedings, amount to 21% of the cases. In about 14% of the communications, a lack of access to a lawyer is alleged, often observed in places of detention. There were concerns on the independence of the judiciary in about 10% of the cases, in particular interference in the judicial functions and threats to lawyers and prosecutors. Lawsuits against lawyers relating to civil, criminal and disciplinary charges constitute 7% of the cases. 6% concern allegations relating to the lack of access to courts. Cases which raise issues regarding impunity amount to 5% of the communications. 4% of the cases relate to military courts trying civilians, and the same percentage concerns restriction on the freedom of expression of lawyers. Finally, 10% cover other issues, such as freedom of expression of lawyers, impunity, access to a lawyer in private, tenure, removal and appointment of judges, and disbarment of lawyers.
Download or read book Report of the Special Rapporteur on the Independence of Judges and Lawyers written by United Nations. General Assembly and published by . This book was released on 2016 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Challenged Justice In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Download or read book Ownership of Proceeds of Corruption in International Law written by Kolawole Olaniyan and published by Oxford University Press. This book was released on 2023-11-21 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
Download or read book Civil Military Legal Relations Where to from Here written by Pauline Therese Collins and published by BRILL. This book was released on 2018-04-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the place of civilian courts in civil-military theory and their impact on the civil-military relationship in three western liberal democracies. It challenges the evolving civil-military relationship, demanding a re-evaluation of the theory to incorporate the courts.
Download or read book Diversity of Law in the United Arab Emirates written by Kristin Kamøy and published by Routledge. This book was released on 2020-12-16 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state’s international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE’s diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press. This book was released on 2021-02-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Download or read book The Rule of Law Freedom of Expression and Islamic Law written by Hossein Esmaeili and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
Download or read book Comparative Climate Change Litigation Beyond the Usual Suspects written by Francesco Sindico and published by Springer Nature. This book was released on 2021-01-21 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Download or read book International Human Rights Law and Practice written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2024-02-15 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Download or read book Borders Migration and Globalization written by Anna Rita Calabrò and published by Routledge. This book was released on 2021-12-10 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.
Download or read book Access to Justice Beyond the State Courts written by Aimé-Parfait Niyonkuru and published by LIT Verlag Münster. This book was released on 2021-12-28 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.
Download or read book Justice Transformation in Portugal Building on Successes and Challenges written by OECD and published by OECD Publishing. This book was released on 2020-03-02 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Portugal has embarked on an ambitious agenda to guide the transformation of the justice sector. The report takes stock of the Portugal's justice sector modernisaton reforms and more current efforts to make the justice sector more transparent, accessible and effective.
Download or read book Religious Offences in Common Law Asia written by Li-ann Thio and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Download or read book The United Nations Special Procedures System written by Aoife Nolan and published by BRILL. This book was released on 2017-01-09 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.
Download or read book China s Internal and External Relations and Lessons for Korea and Asia written by Jung-Ho Bae, Jae H. Ku and published by 길잡이미디어. This book was released on 2013-12-31 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the coming of so-called G2 era, guaranteeing cooperation with China is a rising strategic task when it comes to the North Korean problem and Korean reunification. There is a clear limit, however, in guaranteeing Chinese cooperation due to the Republic of Korea (ROK) and China’s different perceptions on Korean reunification while economic interdependence between these two states is increasing. In international society, cooperation could be achieved on the basis of shared interests, but issue by issue, shared interests in and of themselves may not be enough. “Strategic leverage,” in other words, might be necessary in order to induce some kind of inter-state cooperation. This research was undertaken in the context of the above-mentioned questions, with regard to building up diplomatic leverage that could lead to possible ways to induce Chinese cooperation. This research was undertaken in the context of cooperation with Florence Lowe-Lee at the Global America Business Institute; Dr. Jae H. Ku at the U.S.-Korea Institute at SAIS, Johns Hopkins University; and Professor David Hawk at the City University of New York. Researchers Kwon Hye-Jin, Moon Mi-Young, Ro Young-Ji, An Hyun-Jung (former member) at the Korea Institute for National Unification (KINU) and Wonhee Lee at the U.S.-Korea Institute at SAIS also devoted much effort in making it possible to publish this volume. as did coeditor Dr. Jae H. Ku. As the chief editor of this volume, I sincerely appreciate all these efforts. It is my hope that this research helps academics and experts as well as general audiences better understand the dynamic relationship between core and periphery in China, the relationship between China and its weak neighboring countries, China and international human rights organizations, and North Korean human rights. Jung-Ho Bae, senior research fellow, Korea Institute for National Unification ― Part 1 : China’s Internal Center-Periphery Relations Chapter 1 Middle Kingdom’s New Territory: A History of Relations Between Xinjiang and China/ Haiyun Ma Chapter 2 Diplomacy or Mobilization: The Tibetan Dilemma in the Struggle with China/ Tenzin Dorjee ― Part 2 : China’s Relations with Neighboring Countries Chapter 3 China’s Relations with Mongolia: An Uneasy Road/ Mark T. Fung Chapter 4 China’s Relations with Vietnam: Permanently Caught Between Friend and Foe/ Catharin E. Dalpino Chapter 5 China’s Relations with Laos and Cambodia/ Carlyle A. Thayer Chapter 6 China’s Relations with Myanmar: National Interests and Uncertainties/ Yun Sun ― Part 3 : China and International Institutions Chapter 7 The People’s Republic of China and Respect for International Human Rights Law and Mechanisms/ Sophie Richardson Chapter 8 International Human Rights Law and the Democratic Peoples Republic of Korea: The “UN Roadmap” for Human Rights Improvements in North Korea/ David Hawk
Download or read book Country Reports on Human Rights Practices written by and published by . This book was released on 2009 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:
