Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts, Bertus de Villiers, Francesco Palermo, Joseph Marko, Sergiu Constantin
Автор: Klein Название: Litigating International Law Disputes ISBN: 1107017068 ISBN-13(EAN): 9781107017061 Издательство: Cambridge Academ Рейтинг: Цена: 19800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In examining why states resort to international litigation for resolving their disputes, the contributors to this volume consider various areas of international law (such as trade, armed conflict and human rights) as well as highlighting regional and national perspectives on international litigation.
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law.
This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical judgments from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character.
The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Автор: Murphy, Sean D. Kidane, Won Snider, Thomas R. Название: Litigating war ISBN: 0199793727 ISBN-13(EAN): 9780199793723 Издательство: Oxford Academ Рейтинг: Цена: 33660.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Litigating War offers an in-depth examination of the Claims Commission of the Eritrea-Ethiopia War, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the war. After providing an overview of the war, the authors describe how the Commission was established, the extent of its jurisdiction, and the applicable law on which it relied.
Автор: Ton Liefaard; Jaap E. Doek Название: Litigating the Rights of the Child ISBN: 9401794448 ISBN-13(EAN): 9789401794442 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law.
This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character.
The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Автор: Ton Liefaard; Jaap E. Doek Название: Litigating the Rights of the Child ISBN: 9401779759 ISBN-13(EAN): 9789401779753 Издательство: Springer Рейтинг: Цена: 12577.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.
Автор: Phipps Teresa, Youngs Deborah Название: Litigating Women: Gender and Justice in Europe, c.1300-c.1800 ISBN: 0367230305 ISBN-13(EAN): 9780367230302 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This edited collection, written by both established and new researchers, reveals the experiences of litigating women across premodern Europe and captures the current state of research in this ever-growing field.
Автор: Milewski, Melissa Название: Litigating Across the Color Line ISBN: 0190249188 ISBN-13(EAN): 9780190249182 Издательство: Oxford Academ Рейтинг: Цена: 6730.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle.
Автор: Reinhard Slepcevic Название: Litigating for the Environment ISBN: 3531168428 ISBN-13(EAN): 9783531168425 Издательство: Springer Рейтинг: Цена: 6986.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the result of doctoral studies that I started in October 2004. At the outset, I only knew that I wanted to work on interest groups and litigation in the context of the European Union. At that time, I would not have believed that I would find myself some time later touring half Western Europe to interview environmental organisations, nor that I would read French, German and Dutch court rulings on the protection of endangered species whose names were completely unknown to me. Yet I never regretted my choice of topic, and hopefully the following chapters will convince the reader that it is indeed a topic that merits our attention. I would not have been able to cope with all the pitfalls of a long research project without the strong and enduring support of my friends and colleagues. Both personally and academically, I have profited enormously from my three years as a doctoral student at the department of political science at the Institute for Advanced Studies (Institut f r H here Studien) in Vienna, Austria. I am very much indebted to Gerda Falkner, Oliver Treib, Sylvia Kritzinger and Irina Michalowitz for organising such a great programme which allowed me and my colleagues to engage in intensive discussions with outstanding academic scholars such as Alec Stone-Sweet, Paul Pierson, James Caporaso, Frank Schimmelfennig, Klaus Goetz, Andrea Lenschow, Katharina Holzinger and Hellen Wallace.
Название: Litigating women ISBN: 0367230283 ISBN-13(EAN): 9780367230289 Издательство: Taylor&Francis Рейтинг: Цена: 5817.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This edited collection, written by both established and new researchers, reveals the experiences of litigating women across premodern Europe and captures the current state of research in this ever-growing field.Individually, the chapters offer an insight into the motivations and strategies of women who engaged in legal action in a wide range of courts, from local rural and urban courts, to ecclesiastical courts and the highest jurisdictions of crown and parliament. Collectively, the focus on individual women litigants – rather than how women were defined by legal systems – highlights continuities in their experiences of justice, while also demonstrating the unique and intersecting factors that influenced each woman’s negotiation of the courts. Spanning a broad chronology and a wide range of contexts, these studies also offer a valuable insight into the practices and priorities of the many courts under discussion that goes beyond our focus on women litigants. Drawing on archival research from England, Scotland, Ireland, France, the Low Countries, Central and Eastern Europe, and Scandinavia, Litigating Women is the perfect resource for students and scholars interested in legal studies and gender in medieval and early modern Europe.
Автор: Rama Srinivasan Название: Courting Desire: Litigating for Love in North India ISBN: 1978803540 ISBN-13(EAN): 9781978803541 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 18810.00 р. Наличие на складе: Поставка под заказ.
Описание: Inquiries into marital patterns can serve as an effective lens to analyze social structures and material cultures not only on the question of sexuality, but also on the nature of a private citizen's engagement with state and law. Through ethnographic research in courtrooms, community,and kinship spaces, the author outlines the transformations in material culture and political economy that have led to renewed negotiations on the institution of marriage in North India, especially in legal spaces. Tracing organically evolving notions of sexual consent and legal subjectivity, Courting Desire underlines how non-normative decisions regarding marriage become possible in a region otherwise known for high instances of honor killings and rigid kinship structures. Aspirations for consensual relationships have led to a tentative attempt to forge relationships that are non-normative but grudgingly approved after state intervention. The book traces this nascent and under-explored trend in the North Indian landscape.
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