Human Rights From A Comparative And International Law Perspective

Author by : Joan Church
Languange : en
Publisher by : Unisa Press
Format Available : PDF, ePub, Mobi
Total Read : 57
Total Download : 971
File Size : 53,8 Mb
GET BOOK

Description : In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.


Climate Change And Human Rights

Author by : Ottavio Quirico
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 90
Total Download : 584
File Size : 42,7 Mb
GET BOOK

Description :


The Rule Of Law In Comparative Perspective

Author by : Mortimer Sellers
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 60
Total Download : 997
File Size : 49,6 Mb
GET BOOK

Description : This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.


The Indian Yearbook Of Comparative Law 2018

Author by : Mahendra Pal Singh
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 50
Total Download : 919
File Size : 42,7 Mb
GET BOOK

Description : This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.


Comparative Human Rights Law

Author by : Sandra Fredman
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 995
File Size : 55,6 Mb
GET BOOK

Description : An essential overview of the comparative study of human rights law. This book will introduce students, academics, and legal practitioners to the aims and methods of approaching human rights from a comparative perspective.


Human Rights In International Law

Author by : Theodor Meron
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 497
File Size : 54,6 Mb
GET BOOK

Description : A.A full course


Concepts Of Law

Author by : Lukas Heckendorn Urscheler
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 995
File Size : 52,8 Mb
GET BOOK

Description : Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.


International Human Rights Law And Practice

Author by : Ilias Bantekas
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 773
File Size : 45,6 Mb
GET BOOK

Description : This unique textbook merges human rights law with its practice, from the courtroom to the battlefield. Human rights are analysed in their particular context and the authors assess, among other things, the impact of international finance, the role of NGOs, and the protection of rights in times of emergency, including the challenges posed by counter-terrorism. In parallel, a series of interviews with practitioners, case studies and practical applications offer multiple perspectives and challenging questions on the effective implementation of human rights. Although the book comprehensively covers the traditional areas of international human rights law, including its regional and international legal and institutional framework, it also encompasses through distinct chapters or large sections areas that have a profound impact on human rights worldwide, such as women's rights, human rights and globalisation, refugees and migration, human rights obligations of non-state actors, debt and human rights and others.


Minority Groups And Judicial Discourse In International Law

Author by : Gaetano Pentassuglia
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 47
Total Download : 117
File Size : 55,7 Mb
GET BOOK

Description : Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies, particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group's perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.


Is International Law International

Author by : Anthea Roberts
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 82
Total Download : 354
File Size : 43,9 Mb
GET BOOK

Description : This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.


Comparative Tort Law

Author by : Mauro Bussani
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 237
File Size : 52,6 Mb
GET BOOK

Description : This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.


Trafficking Of Human Beings From A Human Rights Perspective

Author by : Tom Obokata
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 639
File Size : 43,6 Mb
GET BOOK

Description : It has been widely accepted that trafficking of human beings is a human rights issue. However, it has been difficult to address the human rights aspects of the phenomenon in practice, because a comprehensive analysis of applicable human rights norms and principles has not been fully developed, and therefore the nature of obligations imposed upon States is not entirely clear. The purpose of this book, then, is to establish a human rights framework to promote better understanding of the multi-faceted problems inherent in trafficking of human beings, articulate obligations imposed upon States, and facilitate a holistic approach. The book also contains chapters on case studies at the national, regional, and international levels, thereby combining the theory and practice.


Indonesian Journal Of International Comparative Law July 2014

Author by : Alex Bernick
Languange : en
Publisher by : Institute for Migrant Rights
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 675
File Size : 44,7 Mb
GET BOOK

Description : The Indonesian Journal of International & Comparative Law (IJICL) is published under the auspices of the Institute for Migrant Rights (IMR), Cianjur—Indonesia. The idea behind its establishment grew out of the concern over an impasse in contemporary and comparative legal scholarship in Indonesia and the region in general. As a transnational scholarly project, the Journal provides a forum for legal practitioners and scholars from the Republic of Indonesia, Asia, and elsewhere to discuss a broad range of issues relating to “law.” As States become more integrated, there is a pressing need to respond to the climate where legal, social, and political issues increasingly cross national boundaries in their impact. The Journal, in its global reach, is designed to address these considerations by challenging the orthodoxies that once considered “progressive.” Its primary purpose is to provide a new forum for emerging perspectives on international and comparative legal issues, especially those that implicate non-Western regions or cultures. In that respect, the Journal—through its publications—aims to enrich existing approaches to legal analysis and widen the proper ambit of legal studies in the Global South. The Journal is thus particularly interested in considering submissions that invoke creative outlooks on “law” and present arguments that go beyond doctrinal analysis. We strongly encourage works that aim to generate practical impact in policy-making at all levels. The Journal welcomes theoretical, historical, comparative, and inter-disciplinary manuscripts covering legal issues in any jurisdiction, as well as notes and book reviews examining the impact of rapidly changing legal regimes on specific areas or sub-disciplines of legal studies.


Rule Of Law Human Rights And Judicial Control Of Power

Author by : Rainer Arnold
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 749
File Size : 46,6 Mb
GET BOOK

Description : Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.


The Right To Silence In Transnational Criminal Proceedings

Author by : Fenella M. W. Billing
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 263
File Size : 48,8 Mb
GET BOOK

Description : This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.


Stateless Law

Author by : Professor Helge Dedek
Languange : en
Publisher by : Ashgate Publishing, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 785
File Size : 44,8 Mb
GET BOOK

Description : This volume offers a critical analysis and illustration of the challenges and promises of ‘stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ‘transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.


Refugee Law And Policy

Author by : Karen Musalo
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 201
File Size : 41,9 Mb
GET BOOK

Description : The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. It includes an extensive discussion of the concept of “social visibility” which has become one of the most controversial interpretive issues in U.S. refugee law. Although Refugee Law and Policy is directed to students of U.S. law, it draws on the legislation, jurisprudence and guidelines of other Refugee Convention and Protocol signatories, including Canada, the United Kingdom, Germany, Australia, New Zealand and South Africa. The casebook is up to date on developments to harmonize refugee policy within the European Union, and includes discussion of relevant E.U. directives. In its treatment of both U.S. and global trends, Refugee Law and Policy examines and contrasts some of the most controversial contemporary issues in refugee law, such as the denial of access to the territory of the country of asylum, through use of expedited removal and similar “accelerated” procedures, the increased use of detention, and the ongoing debate over gender-based claims for protection. Refugee Law and Policy also compares current trends in refugee law to parallel trends in human rights and humanitarian and international criminal law, with special reference to the work of the International Criminal Tribunals for Yugoslavia and Rwanda, and the International Criminal Court. The materials Musalo, Moore and Boswell present in the book are more fully examined through the extensive use of notes and comments, which also serve to highlight essential themes and concepts of the text and to make them more accessible to the reader. Since the casebook addresses both substance and procedure, with a focus on practice as well as theory, it is an excellent text not only for students, but for practitioners and those in government agencies as well.


The Human Right To A Healthy Environment

Author by : John H. Knox
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 691
File Size : 48,6 Mb
GET BOOK

Description : The absence of a globally recognized right to a healthy environment has not prevented the development of human rights norms relating to the environment. Indeed, one of the most noteworthy aspects of human rights law over the last twenty years is that UN treaty bodies, regional tribunals, special rapporteurs, and other human rights mechanisms have applied human rights law to environmental issues even without a stand-alone, justiciable human right to a healthy environment. In The Human Right to a Healthy Environment, a diverse set of scholars and practitioners, all of whom have been instrumental in defining the relationship between human rights and the environment, provide their thoughts on what is, or should be, the role of an international human right to a healthy environment. The right to a healthy environment could be a capstone to this field of law, could help to provide structure to it, or could move it in new directions.


Criminal Law And The Rights Of The Child In Muslim States

Author by : Nisrine Abiad
Languange : en
Publisher by : BIICL
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 542
File Size : 48,8 Mb
GET BOOK

Description : By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.


Business And Human Rights

Author by : Nadia Bernaz
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 90
Total Download : 458
File Size : 44,9 Mb
GET BOOK

Description : Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.


The Ombudsman Good Governance And The International Human Rights System

Author by : Linda C. Reif
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 24
Total Download : 982
File Size : 45,6 Mb
GET BOOK

Description : This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.


Corporate Environmental Accountability In International Law

Author by : Elisa Morgera
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 488
File Size : 42,5 Mb
GET BOOK

Description : This fully updated second edition of Corporate Accountability in International Environmental Law examines systematically all international sources of corporate accountability standards with specific reference to environmental protection, and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental law does not bind multinational corporations and other business entities, growing practice points to the emergence and consolidation of international legal standards. These standards allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The role of international organizations who, in the absence of State intervention, identify and promote the application of selected international environmental standards is analyzed in depth. This analysis demonstrates how these international organizations are a driving force in establishing and operationalizing international standards for corporate environmental accountability. The new edition includes a recent assessment of the Rio+20 Summit, analysis of the UN Framework on Business and Human Rights, and the 2012 Performance Standards. It contains a discussion on the role of 'fair and equitable benefit-sharing' under the Convention on Biological Diversity and international human rights law, and analysis of the monitoring practice of the UN Special Rapporteur on Indigenous Peoples' Rights. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.


Executive Clemency

Author by : Daniel Pascoe
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 568
File Size : 54,8 Mb
GET BOOK

Description : Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.


International Financial Institutions And International Law

Author by : Daniel D. Bradlow
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 488
File Size : 50,8 Mb
GET BOOK

Description : The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors - whose work spans the academic, policy, and activist spectrum - suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.


Human Rights

Author by : Thomas David Jones
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 187
File Size : 45,9 Mb
GET BOOK

Description : The Nature of Human Rights.


British And Canadian Perspectives On International Law

Author by : Christopher Peter Michael Waters
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 68
Total Download : 753
File Size : 46,6 Mb
GET BOOK

Description : "British and Canadian Perspectives on International Law" examines the impact of public international law on the United Kingdom's and Canada's domestic legal systems. It also analyses the contributions of British and Canadian practice to the development of international norms. Topics addressed include international criminal law, international humanitarian law, human rights and human security, asylum, trade, jurisdiction, 'reception law' and media portrayals of international law. Whereas international law scholarship usually takes a global, regional or national approach, this book's chapters are written by leading scholars and practitioners from both countries and provide unique comparative views. While there remains much in common between the two states' understandings of international law, recent developments have shown significant points of departure.


Human Rights In Turmoil

Author by : Stéphanie Lagoutte
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 75
Total Download : 421
File Size : 40,6 Mb
GET BOOK

Description : Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current political realities, even in states traditionally dedicated to the rule of law. This would have been inconceivable ten or twenty years ago. At the political level human rights are gaining as well as losing ground. The question of the adequacy, legitimacy and scope of human rights is still a live one. And weaknesses in supra-national human rights protection systems have emerged over the last twenty years. It is now clear that human rights mechanisms are not well adapted to the handling of the ever-increasing number of complaints or to the effective implementation of human rights. This thought-provoking collection of essays by leading scholars and practitioners in the field of human rights explores the ways in which human rights are currently being challenged and weakened, but also strengthened in important and groundbreaking ways in different areas and settings. They explore the many current debates which centre on human rights concerns: debates about secularism and religious norms, about minimum social standards and social security, about the future regulation of citizenship, about prison reform and theuse of less inhumane methods of detention; as well as the reform of the UN system and the challenges facing the now overburdened European Court of Human Rights.