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 : 21. 10 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.

The Justiciability Of International Disputes

Author : Solon Solomon
ISBN : STANFORD:36105134515878
Genre : International and municipal law
File Size : 26. 53 MB
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Human Rights Self Determination And Political Change In The Occupied Palestinian Territories

Author : Stephen Bowen
ISBN : 9041105026
Genre : Political Science
File Size : 42. 75 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.

The Justiciability Of Economic Social And Cultural Rights In The African Regional Human Rights System

Author : Sisay Alemahu Yeshanew
ISBN : 9517655746
Genre : Africa
File Size : 81. 6 MB
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Using International Law In Domestic Courts

Author : Shaheed Fatima
ISBN : 9781847310521
Genre : Law
File Size : 41. 39 MB
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International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

A Law Of Blood Ties The Right To Access Genetic Ancestry

Author : Alice Diver
ISBN : 9783319010717
Genre : Law
File Size : 48. 44 MB
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This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The ‘law’ of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child’s right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic ‘kinlessness’ upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population.

Economic Social And Cultural Rights

Author : Ralph Beddard
ISBN : 9781349217946
Genre : Business & Economics
File Size : 20. 76 MB
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This book explores two main themes. First, the claim that these welfare, education, health and equality can be accorded the status of rights. Second, and relatedly, the issue of whether they are justiciable, that is, can they be the subject of adjudication and enforcement through traditional legal mechanisms? This book provides a timely and wide-ranging exploration of these topical and controversial issues.

International Human Rights Law

Author : Olivier De Schutter
ISBN : 9781107063754
Genre : Law
File Size : 28. 2 MB
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Fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.

The Jurisprudence Of Human Rights Law

Author : Theodore S. Orlin
ISBN : 9521205938
Genre : Law
File Size : 69. 12 MB
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1. Introduction, Theodore S. Orlin and Martin Scheinin

Relativism And Human Rights

Author : Claudio Corradetti
ISBN : 9781402099861
Genre : Law
File Size : 71. 73 MB
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When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI [If this is a man, pp. 111–112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ [Samtlic ̈ he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world.

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