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Lawyers Beyond Borders

Lawyers Beyond Borders
Author: Maria Armoudian
Publisher: University of Michigan Press
Total Pages: 263
Release: 2021-09-07
Genre: Law
ISBN: 0472038850

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Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.


Judging International Human Rights

Judging International Human Rights
Author: Stefan Kadelbach
Publisher: Springer
Total Pages: 663
Release: 2019-04-15
Genre: Law
ISBN: 3319948482

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This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.


International Human Rights and Local Courts

International Human Rights and Local Courts
Author: Aksel Tømte
Publisher: Taylor & Francis
Total Pages: 196
Release: 2024-04-29
Genre: Law
ISBN: 1040022820

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This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.


International Human Rights Litigation in U.S. Courts

International Human Rights Litigation in U.S. Courts
Author: Beth Stephens
Publisher: Martinus Nijhoff Publishers
Total Pages: 654
Release: 2008-01-01
Genre: Law
ISBN: 9047431723

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Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions.


Enforcing International Human Rights in Domestic Courts

Enforcing International Human Rights in Domestic Courts
Author: Benedetto Conforti
Publisher: BRILL
Total Pages: 485
Release: 2021-09-27
Genre: Law
ISBN: 9004481702

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The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.


World Justice?

World Justice?
Author: Mark Gibney
Publisher: Routledge
Total Pages: 160
Release: 2021-11-18
Genre: Political Science
ISBN: 1000010988

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What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.


International Law in Domestic Courts

International Law in Domestic Courts
Author: André Nollkaemper
Publisher: Oxford University Press
Total Pages: 720
Release: 2018-11-22
Genre: Law
ISBN: 0191060267

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The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.


Access to Justice and International Organizations

Access to Justice and International Organizations
Author: Pierre Schmitt
Publisher: Edward Elgar Publishing
Total Pages: 407
Release: 2017-08-25
Genre: Law
ISBN: 1786432897

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Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.


International Human Rights Law

International Human Rights Law
Author: Ann Fagan Ginger
Publisher:
Total Pages: 120
Release: 2010
Genre: Civil rights
ISBN:

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Judicial Covergence and Fragmentation in International Human Rights Law

Judicial Covergence and Fragmentation in International Human Rights Law
Author: Elena Abrusci
Publisher: Cambridge University Press
Total Pages: 307
Release: 2022-12-31
Genre: Law
ISBN: 1316514811

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An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.