Report Of The Special Rapporteur On Independence Of Judges And Lawyers Gabriela Knaul PDF Download
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| Author | : Gabriela Knaul |
| Publisher | : |
| Total Pages | : 214 |
| Release | : 2011 |
| Genre | : Due process of law |
| ISBN | : |
Download Report of the Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul Book in PDF, ePub and Kindle
In this report, the author summarizes her letters to government officials in 44 countries and the Gaza Strip regarding alleged human rights violations committed against judges and lawyers. The author also summarizes the responses of 18 governments to these letters. These cases were reported to her from 16 March 2010 to 15 March 2011. Cases are organized by country. The main areas of concern were threats to lawyers, including acts of interference in the discharge of their professional functions (28%). Issues relating to the fairness of judicial proceedings which include the right to be informed of the charges and undue delays in judicial proceedings, amount to 21% of the cases. In about 14% of the communications, a lack of access to a lawyer is alleged, often observed in places of detention. There were concerns on the independence of the judiciary in about 10% of the cases, in particular interference in the judicial functions and threats to lawyers and prosecutors. Lawsuits against lawyers relating to civil, criminal and disciplinary charges constitute 7% of the cases. 6% concern allegations relating to the lack of access to courts. Cases which raise issues regarding impunity amount to 5% of the communications. 4% of the cases relate to military courts trying civilians, and the same percentage concerns restriction on the freedom of expression of lawyers. Finally, 10% cover other issues, such as freedom of expression of lawyers, impunity, access to a lawyer in private, tenure, removal and appointment of judges, and disbarment of lawyers.
| Author | : United Nations. General Assembly |
| Publisher | : |
| Total Pages | : 20 |
| Release | : 2016 |
| Genre | : Courts |
| ISBN | : |
Download Report of the Special Rapporteur on the Independence of Judges and Lawyers Book in PDF, ePub and Kindle
| Author | : Shimon Shetreet |
| Publisher | : BRILL |
| Total Pages | : 588 |
| Release | : 2021-08-24 |
| Genre | : Law |
| ISBN | : 9004421556 |
Download Challenged Justice: In Pursuit of Judicial Independence Book in PDF, ePub and Kindle
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
| Author | : Pauline Therese Collins |
| Publisher | : BRILL |
| Total Pages | : 405 |
| Release | : 2018-04-03 |
| Genre | : Law |
| ISBN | : 900433825X |
Download Civil-Military 'Legal' Relations: Where to from Here? Book in PDF, ePub and Kindle
Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the ‘civil’ seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within — the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States’ power is essential for genuine civilian oversight.
| Author | : Kolawole Olaniyan |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2023-11-21 |
| Genre | : |
| ISBN | : 0192867830 |
Download Ownership of Proceeds of Corruption in International Law Book in PDF, ePub and Kindle
Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
| Author | : Kristin Kamøy |
| Publisher | : Routledge |
| Total Pages | : 186 |
| Release | : 2020-12-16 |
| Genre | : Law |
| ISBN | : 100029191X |
Download Diversity of Law in the United Arab Emirates Book in PDF, ePub and Kindle
This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state’s international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE’s diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.
| Author | : Amal Clooney |
| Publisher | : Oxford University Press |
| Total Pages | : 500 |
| Release | : 2021-02-11 |
| Genre | : Law |
| ISBN | : 0192536095 |
Download The Right to a Fair Trial in International Law Book in PDF, ePub and Kindle
The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
| Author | : Hossein Esmaeili |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 309 |
| Release | : 2017-12-14 |
| Genre | : Law |
| ISBN | : 1782257500 |
Download The Rule of Law, Freedom of Expression and Islamic Law Book in PDF, ePub and Kindle
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
| Author | : Francesco Sindico |
| Publisher | : Springer Nature |
| Total Pages | : 615 |
| Release | : 2021-01-21 |
| Genre | : Law |
| ISBN | : 3030468828 |
Download Comparative Climate Change Litigation: Beyond the Usual Suspects Book in PDF, ePub and Kindle
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
| Author | : Ilias Bantekas |
| Publisher | : Cambridge University Press |
| Total Pages | : 1033 |
| Release | : 2024-02-15 |
| Genre | : Law |
| ISBN | : 1009306383 |
Download International Human Rights Law and Practice Book in PDF, ePub and Kindle
Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
