the u s supreme court and the domestic force of international human rights law

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The U S Supreme Court And The Domestic Force Of International Human Rights Law

Author : Stephen A. Simon
ISBN : 9781498534710
Genre : Political Science
File Size : 48. 41 MB
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This book examines the debate over the domestic force of international human rights law through the U.S. Supreme Court’s jurisprudence. By approaching the topic from the justices’ vantage point, the analysis shows how multiple controversies are linked to the same overarching question and reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.

Human Rights And Legal Judgments

Author : Austin Sarat
ISBN : 9781108191074
Genre : Political Science
File Size : 89. 99 MB
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Human rights can be defined as the basic fundamental rights inherent to all human beings in any society. How these rights are made available and protected in individual countries is an area of much study and debate. Focusing on the significance of human rights in American law and politics, this book seeks to understand when, where, and how American law recognizes and responds to claims made in the name of human rights. How are they used by social movements as they advance rights claims? When are human rights claims accommodated and resisted? Do particular kinds of human rights claims have greater resonance domestically than others? What cultural and psychological factors impede the development of a human rights culture in the United States? This is an exciting and engaging volume that will appeal to a broad range of scholars, practitioners, and students interested in the study of human rights.

The Law Of Armed Conflict And The Use Of Force

Author : Frauke Lachenmann
ISBN : 9780198784623
Genre :
File Size : 24. 73 MB
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This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

International Human Rights Law Policy And Process

Author : David Weissbrodt
ISBN : 9780327176824
Genre : Law
File Size : 59. 13 MB
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This comprehensive work provides an introduction to human rights law, policy, and process. International Human Rights begins with an overview, then discusses drafting and ratifying treaties, establishing institutions, using procedures for monitoring compliance and responding to gross violations, using adjudicative remedies, applying refugee and international labor law, relating human rights norms to terrorism, and exploring how the causes of violations can be used to improve human rights compliance. The Fourth Edition addresses a number of significant developments in the human rights arena including: • Emergence of international criminal law as a potential response to crimes against humanity; • Emergence of the United Nations Security Council as a significant human rights actor and the challenges it faces; • The role of human rights norms in responding to and regulating state responses to terrorism; • The capacity of human rights to respond to abuses by corporate actors; • The ability of human rights to respond to and account for violations committed in the context of ethnic hatred, internal conflict, and intrastate violence; and • The challenges faced by non-government human rights organizations in the post 9/11 context. International Human Rights is also accompanied by a comprehensive documentary supplement, Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law. Professor Weissbrodt provides periodic updates to the casebook on the University of Minnesota Human Rights Library Web site (http://www1.umn.edu/humanrts/intlhr).

National Courts And The International Rule Of Law

Author : Andre Nollkaemper
ISBN : 9780199236671
Genre : Law
File Size : 57. 82 MB
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This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book primarily explores what it is that international law requires, expects, or aspires that domestic courts do, and against this backdrop of what international law requires it seeks to map patterns of domestic practice in the actual or possible application of international law, and to determine what such patterns mean for the protection of the rule of international law.

The African Human Rights System Activist Forces And International Institutions

Author : Obiora Chinedu Okafor
ISBN : 9781139463010
Genre : Political Science
File Size : 44. 93 MB
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This 2007 book draws from and builds upon many of the more traditional approaches to the study of international human rights institutions (IHIs), especially quasi-constructivism. The author reveals some of the ways in which many such domestic deployments of the African system have been brokered or facilitated by local activist forces, such as human rights NGOs, labour unions, women's groups, independent journalists, dissident politicians, and activist judges. In the end, the book exposes and reflects upon the inherent inability of the dominant compliance-focused model to adequately capture the range of other ways - apart from via state compliance - in which the domestic invocation of IHIs like the African system can contribute - albeit to a modest extent - to the pro-human rights alterations that can sometimes occur in the self-understandings, conceptions of interest or senses of appropriateness held within key domestic institutions within states.

American Bioethics

Author : George J. Annas
ISBN : 9780195390292
Genre : Law
File Size : 73. 83 MB
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Bioethics was "born in the USA" and the values American bioethics embrace are based on American law, including liberty and justice. This book crosses the borders between bioethics and law, but moves beyond the domestic law/bioethics struggles for dominance by exploring attempts to articulate universal principles based on international human rights. The isolationism of bioethics in the US is not tenable in the wake of scientific triumphs like decoding the human genome, and civilizational tragedies like international terrorism. Annas argues that by crossing boundaries which have artificially separated bioethics and health law from the international human rights movement, American bioethics can be reborn as a global force for good, instead of serving mainly the purposes of U.S. academics. This thesis is explored in a variety of international contexts such as terrorism and genetic engineering, and in U.S. domestic disputes such as patient rights and market medicine. The citizens of the world have created two universal codes: science has sequenced the human genome and the United Nations has produced the Universal Declaration of Human Rights. The challenge for American bioethics is to combine these two great codes in imaginative and constructive ways to make the world a better, and healthier, place to live.

Globalizing Justice

Author : Donald W. Jackson
ISBN : 9781438430713
Genre : LAW
File Size : 42. 53 MB
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Essays assessing the impact of globalization on law and court systems across the world.

War Crimes And Human Rights

Author : William Schabas
ISBN : 9781905017638
Genre : Capital punishment
File Size : 51. 12 MB
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This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law

Challenging Human Rights Violations

Author : Francisco Forrest Martin
ISBN : STANFORD:36105060783516
Genre : Civil rights
File Size : 40. 84 MB
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This book guides civil rights lawyers-and informs judges, legislators, and academics-in the effective use of international law in U.S. federal and state cases. The author highlights many concrete areas in which international law can enhance human rights protection both in the U.S. and abroad, such as: Death penalty Lethal force by police and military authorities Extraterritorial privacy protection Gay and lesbian rights Government liability for foreseeable harm Compensation for unintentional false imprisonment. This eminently practical approach-based on model briefs developed for and used by leading U.S. civil rights lawyers and organizations-presents an extremely rare treatment of international human rights law. Published under the Transnational Publishers imprint.

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