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 : 74. 10 MB
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The core idea underlying human rights is that everyone is inherently and equally worthy of respect as a person. The emergence of that idea has been one of the most significant international developments since the Second World War. But it is one thing to embrace something as an aspirational ideal and quite another to recognize it as enforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights have as law within the American legal system? The U.S. Supreme Court and the Domestic Force of International Human Rights Law examines this question through the prism of the U.S. Supreme Court’s handling of controversies bearing most closely on it. It shows that the specific disputes the Court has addressed can be best understood by recognizing how each interconnects with an overarching debate over the proper role to be accorded international human rights law within American institutions. By approaching the subject from the justices’ standpoint, this book reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.

American Bioethics

Author : George J. Annas
ISBN : 9780199748099
Genre : Medical
File Size : 50. 90 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.

The African Human Rights System Activist Forces And International Institutions

Author : Obiora Chinedu Okafor
ISBN : 9781139463010
Genre : Political Science
File Size : 79. 21 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.

National Courts And The International Rule Of Law

Author : André Nollkaemper
ISBN : 9780191652837
Genre : Law
File Size : 58. 35 MB
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This book explores the way domestic courts contribute to the maintenance of theinternational of 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 explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.

Invoking International Human Rights Law In Domestic Courts

Author : Richard B. Lillich
ISBN : STANFORD:36105062996561
Genre : Political Science
File Size : 76. 10 MB
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This publication describes the application of international human rights law, treaties, and cases in U.S. courts.

Globalizing Justice

Author : Donald W. Jackson
ISBN : 9781438430713
Genre : LAW
File Size : 83. 66 MB
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Essays assessing the impact of globalization on law and court systems across the world.

Extraterritorial Application Of Human Rights Treaties

Author : Marko Milanovic
ISBN : 9780191504808
Genre : Law
File Size : 41. 81 MB
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Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

Materials On International Human Rights And U S Constitutional Law

Author : Hurst Hannum
ISBN : STANFORD:36105081667102
Genre : Law
File Size : 87. 57 MB
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Chapters:.

War Crimes And Human Rights

Author : William Schabas
ISBN : 9781905017638
Genre : Capital punishment
File Size : 47. 15 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

Clearinghouse Review

Author :
ISBN : OSU:32437122287788
Genre : Consumer protection
File Size : 22. 7 MB
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