justiciability of human rights law in domestic jurisdictions

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Justiciability Of Human Rights Law In Domestic Jurisdictions

Author : Alice Diver
ISBN : 9783319240169
Genre : Law
File Size : 75. 29 MB
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This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

Eu Citizenship And Social Rights

Author : Frans Pennings
ISBN : 9781788112710
Genre :
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In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.

Human Rights Self Determination And Political Change In The Occupied Palestinian Territories

Author : Stephen Bowen
ISBN : 9041105026
Genre : Political Science
File Size : 48. 61 MB
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How can international human rights standards - in the civil and political sphere and in respect of economic, social and cultural rights - provide clear guidance for political change? This collection offers the reader an exposition and critical analysis of the agreements between Israel and the Palestinian Liberation Organisation from the perspective of international human rights law. Covered topics include - the relevance and influence of international law on the peace-making process, - the strengths and weaknesses of the agreements and the extent to which they lay the foundation for the realization of Palestinian self-determination and the development of a democratic and civil society, - the status and obligations of both the State of Israel and the emerging Palestinian Authority in respect of the Occupied Territories, and - the continuing role of international actors and non-governmental organisations in promoting respect for human rights during a period of dramatic transition. The position of Palestinian women and the operation of international human rights standards as mechanisms for political change receive particular attention. Scholars concerned with the Middle East and anyone interested in the promotion and protection of human rights in post-conflict situations will appreciate this unique and challenging collection.

Foreign Relations Law

Author : Campbell McLachlan
ISBN : 9780521899857
Genre : Law
File Size : 28. 71 MB
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First modern study of the law governing the external exercise of public power in the UK and the Commonwealth.

A Handbook Of International Human Rights Terminology

Author : H. Victor Condä
ISBN : 0803215347
Genre : Law
File Size : 25. 74 MB
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This newly revised, greatly expanded, and updated edition is the essential tool for navigating the language of international human rights related to law, jurisprudence, politics, diplomacy, and philosophy. Broadening the scope and enhancing our understanding of international human rights, the second edition of A Handbook of International Human Rights Terminology contains over four hundred new commonly used key terms and acronyms as well as corrections to terms that have taken on new meaning since the publication of the original. It also includes new treaty instruments and citations of important human rights instruments. Designed to be accessible to persons from different systems and regions of the world, this handbook fills an important void in the burgeoning discourse of international human rights and will become a vital reference work for specialists, students, and newcomers to this field.

Compendium Of African Sub Regional Human Rights Documents

Author : Solomon Ebobrah
ISBN : 9780981442099
Genre : African cooperation
File Size : 60. 93 MB
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The Role Of National Courts In Applying International Humanitarian Law

Author : Sharon Weill
ISBN : 9780191508615
Genre : Law
File Size : 64. 25 MB
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International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law. The book investigates the rulings of five key domestic courts, those of the UK, the USA, Canada, Italy, and Israel, to understand how their approaches differ, and where their practice can be placed on the methological scale. This analysis has been assisted by the author's extensive field work, notably in Israel and in the Occupied Palestinian Territories. Providing a detailed understanding each court's function, the book offers a critical analysis of the courts' rulings, in which both the legal arguments and the political context of cases they have ruled on are examined. The book shows that the functional role of the national courts is a combination of contradictions and mixed attitudes, and that national courts are in the process of defining their own role as enforcing organs of international humanitarian law.

The Justiciability Of International Disputes

Author : Solon Solomon
ISBN : STANFORD:36105134515878
Genre : International and municipal law
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Recht Zwischen Umbruch Und Bewahrung

Author : Ulrich Beyerlin
ISBN : 3642633544
Genre : Law
File Size : 36. 43 MB
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In der Festschrift behandeln anerkannte in- und ausländische Vertreter aus Wissenschaft und Praxis Probleme des Völkerrechts, Europarechts und Staatsrechts, denen sich der Jubilar in seinem beruflichen Wirken als Wissenschaftler und internationaler Richter schwerpunktmäßig gewidmet hat. Die 78 Beiträge in deutscher, englischer und französischer Sprache sind in sieben Sachrubriken geordnet: - Quellen und Grundfragen des Völkerrechts, - Menschenrechte im Staats- und Völkerrecht, - Internationale Streitbeilegung, - Staatsrecht und internationale Beziehungen, - Internationales Umweltrecht, - Internationales Wirtschaftsrecht, - Europäische Integration.

African Human Rights Law Journal

Author :
ISBN : STANFORD:36105063738830
Genre : Human rights
File Size : 23. 55 MB
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