torture as tort comparative perspectives on the development of transnational human rights litigation

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Torture As Tort

Author : Craig M. Scott
ISBN : 9781841130606
Genre : Political Science
File Size : 42. 42 MB
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Globalization And Health

Author : Belinda Bennett
ISBN : 9781402041969
Genre : Social Science
File Size : 23. 57 MB
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Within contemporary society, globalization has emerged as a key concern at the centre of ethical, legal and policy debates relating to health care. Conflicts between public interests and individual rights, the challenge of regulating health professionals and access to health services, and the effects of a global market all feature prominently in these discussions. As a result of globalization, these issues can no longer be understood solely within the political boundaries that define traditional notions of individuals and communities. Rather, solutions demand a global conception of rights and obligations, which in turn requires new approaches to health policy formulation and a reevaluation of existing ethical and legal frameworks. In essence, the impact of globalization on human health is testing the robustness of modern regulatory systems, legal doctrines and ethical paradigms. PUBLIC HEALTH: DEVELOPING GLOBAL CONCERNS The interconnectedness of the global economy presents new challenges in public health. While globalization has facilitated improvements in health care, it has also created new hazards and avenues for the exploitation of vulnerable persons. It is becoming increasingly apparent that both national and international responses are required. Indeed, as the chapters in this section convey, public health is rightly a global concern. Globalization has led to a sharing of both risks and responsibilities in public health. Belinda Bennett reminds us of the ease with which infectious diseases can spread within the global community, given the speed of modern travel and trade.

Beyond Territoriality

Author : Gunther Handl
ISBN : 9789004227095
Genre : Law
File Size : 81. 88 MB
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This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.

The African Human Rights System Activist Forces And International Institutions

Author : Obiora Chinedu Okafor
ISBN : 9781139463010
Genre : Political Science
File Size : 76. 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.

The Fluid State

Author : Hilary Charlesworth
ISBN : 1862875685
Genre : Law
File Size : 56. 54 MB
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Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are: How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived democratic deficit in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere?

Non State Actors And Human Rights

Author : Philip Alston
ISBN : 0199272824
Genre : Business & Economics
File Size : 72. 79 MB
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Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Under traditional approaches to human rights, non-state actors cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.

Access To Justice As A Human Right

Author : Francesco Francioni
ISBN : 0199233098
Genre : Law
File Size : 85. 25 MB
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In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

Redress For Victims Of Crimes Under International Law

Author : Ilaria Bottigliero
ISBN : STANFORD:36105063890722
Genre : History
File Size : 52. 96 MB
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The book explores the origins, evolution and practice relating to victims' redress for crimes under international law - such as genocide, war crimes or crimes against humanity - in domestic law, regional and universal human rights regimes, humanitarian law, State responsibility, United Nations practice and international criminal law, including the International Criminal Court. The book argues that the international community must now move towards a much more comprehensive redress regime for victims of major crimes, and recommends ways to introduce greater coherence and fairness in victims' redress.

Suffolk Transnational Law Review

Author :
ISBN : UCAL:B5129328
Genre :
File Size : 60. 92 MB
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Stanford Journal Of International Law

Author :
ISBN : UCAL:B4954945
Genre : International law
File Size : 25. 84 MB
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