Download or read book La Promotion de la Justice Des Droits de L homme Et Du R glement Des Conflits Par Le Droit International written by Marcelo Gustavo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Download or read book Proc s p nal et droits de l homme written by Mireille Delmas-Marty and published by Presses Universitaires de France - PUF. This book was released on 1992 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Reports Recueils judiciaires 1997 Volume 3 written by Int. Criminal Tribunal former Yugoslavia and published by BRILL. This book was released on 2023-01-30 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal law between war and peace written by Stefano Manacorda and published by Ministerio de Justicia. This book was released on 2009 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.
Download or read book The End of Human Rights written by Costas Douzinas and published by Bloomsbury Publishing. This book was released on 2000-06-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.
Download or read book The Legitimacy of International Human Rights Regimes written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2014 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
Download or read book Hexagonal Variations written by Jo McCormack and published by Rodopi. This book was released on 2011-03 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hexagonal Variations provides an essential overview of key debates about contemporary French society and culture. Concise, challenging and comprehensive, its chapters each address the processes of change and redefinition that characterise France today. Contributors analyse and situate cinematic, literary, online and visual texts, mediatic, political and everyday discourses, in each case pinpointing how diversity, plurality and reinvention inflect cultural and social evolution in France. The chapters in the collection share a key set of thematic concerns and raise topics for debate among scholars and students alike. Central to these are questions about France’s uncertain place and role in Europe and the wider world; the morphing topography of its capital; and the many conundrums posed by the persistence of Republican paradigms in a global environment. If France is no longer the exception, what are the versions and varieties of being French that are lived, thought and imagined in the new millennium?
Download or read book United States Statutes at Large written by United States and published by . This book was released on 1945 with total page 1276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Just Satisfaction under the European Convention on Human Rights written by Octavian Ichim and published by Cambridge University Press. This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive account on the question of reparation before a human rights court.
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Download or read book Le contentieux de la mise en conformit dans le r glement des diff rends de l O M C Adjudicating Compliance in the WTO Dispute Settlement System written by Andrea Hamann and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le mécanisme de règlement des différends de l’O.M.C. se distingue des autres juridictions internationales en ce qu’il comporte un ensemble sophistiqué de procédures spécifiquement et exclusivement destinées à traiter les désaccords pouvant surgir au cours de l’exécution de l’obligation qui résulte pour un Membre de la décision juridictionnelle qui déclare sa responsabilité. Leur existence même et la façon dont les organes de jugement s’acquittent de leur mission témoignent de ce que l’exécution des obligations résultant des actes juridictionnels dans l’ordre international n’échappe pas fatalement au droit. Ainsi, le système de l’O.M.C. exprime mais aussi réalise une ambition singulière en droit international : renforcer la garantie de la légalité en habilitant la juridiction à encadrer, contrôler, et, en définitive, participer à assurer l’exécution de ses propres décisions. The WTO dispute settlement system has created a sophisticated set of procedures designed with the sole purpose of dealing with all disagreements that can arise between the parties during the implementation process. The very existence of these procedures, and the manner in which the adjudicative bodies accomplish their task, give evidence of the fact that compliance with judgments in the international legal order does not inevitably lie outside the realm of the law. The WTO system thereby expresses but also fulfills a strong ambition, unique when considered through the lens of international law: strengthening the rule of law by vesting the adjudicative bodies with the task of supervising, reviewing, and ultimately contributing to inducing and enforcing compliance with their own judgments.
Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Download or read book The World Court written by Shabtai Rosenne and published by BRILL. This book was released on 1973 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph on the structure, jurisdiction and role of the ICJ, intended to serve as a guide for the politician, the diplomat and the general reader - covers historical evolution and aspects, financial aspects, role of the icj, explains advisory procedure and contentious cases, outlines some great cases decided by the court and points out that although it has not played a major role in the Pacific human settlement of international conflicts, it has provided assistance to this purpose and contributed to treaty in interpretation. References.
Download or read book Human Rights on Trial written by Justine Lacroix and published by Cambridge University Press. This book was released on 2018-05-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic analysis of the arguments made against human rights from the French Revolution to the present day. Through the writings of Edmund Burke, Jeremy Bentham, Auguste Comte, Louis de Bonald, Joseph de Maistre, Karl Marx, Carl Schmitt and Hannah Arendt, the authors explore the divergences and convergences between these 'classical' arguments against human rights and the contemporary critiques made both in Anglo-American and French political philosophy. Human Rights on Trial is unique in its marriage of history of ideas with normative theory, and its integration of British/North American and continental debates on human rights. It offers a powerful rebuttal of the dominant belief in a sharp division between human rights today and the rights of man proclaimed at the end of the eighteenth century. It also offers a strong framework for a democratic defence of human rights.
Download or read book Diderot and Lessing as Exemplars of a Post Spinozist Mentality written by Louise Crowther and published by MHRA. This book was released on 2010 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned as the chief challenger of traditional views of morality, man's freedom, and religion from 1650-1750, Benedict de Spinoza (1632-77) spread alarm and confusion throughout Europe through his writings. Theologians and rulers desperately sought to ban the spread of Spinozist ideas, and, in the post-Spinozist climate, eighteenth- century thinkers, often exasperated and perplexed, attempted to cope with the fallout from this intellectual explosion. The philosophical radicalism of Denis Diderot (1713-84), a French philosophe, and Gotthold Ephraim Lessing (1729-81), a German philosopher, well exemplifies the post-Spinozist mentality that permeated eighteenth-century thinking. As they grapple with the loss of intellectual, moral, and theological certainties, Diderot and Lessing re-work post-Spinozist ideas and in many instances elucidate even more radical ideas than Spinoza himself had envisaged.
Download or read book Human Rights Under African Constitutions written by Abdullahi Ahmed An-Na'im and published by University of Pennsylvania Press. This book was released on 2013-10-09 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.
