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| Author | : open society justice initiative |
| Publisher | : |
| Total Pages | : |
| Release | : 2018-10-03 |
| Genre | : |
| ISBN | : 9781940983844 |
Empirical look at human rights litigation
| Author | : Eslava, Gabriela |
| Publisher | : Djusticia |
| Total Pages | : 91 |
| Release | : 2021-03-30 |
| Genre | : Law |
| ISBN | : 9585597632 |
Strategic Litigation Manual: From Theory to Practice, Lessons from Colombia and Lebanon” aims to address every step of the process of strategic litigation. The first part discusses how to select a strategic case and its components; followed by part two, which provides practical insights on the litigation itself; and the part three explores the post-decision phase. In that sense, the manual contains ten key steps that should be developed in a human rights litigation strategy. These steps include identifying the injustice to be remedied, envisioning the goal, developing a legal strategy, selecting the parties, assessing risks and resources, collecting evidence, developing legal arguments, building an outreach strategy, ensuring that a win is effective or investing in a loss and, learning and retooling. The manual presents a theoretical conception of each of these steps, followed by an illustration of real case examples gathered from the litigation experience of Dejusticia and The Legal Agenda, allowing the reader to understand strategic litigation in theory and practice. This model is not meant to be prescriptive and it is based in our practice on litigation. It is intended to be used as a toolkit to be improved upon with lessons learned from every case. As learning is a key pillar of this model, we encourage readers to retool the model and keep improving it with each new case they pursue.
| Author | : Jolene Lin |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2024-07-15 |
| Genre | : Law |
| ISBN | : 0192657682 |
While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
| Author | : Armin von Bogdandy |
| Publisher | : Oxford University Press |
| Total Pages | : 705 |
| Release | : 2024 |
| Genre | : Education |
| ISBN | : 0197744168 |
This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.
| Author | : César Rodríguez-Garavito |
| Publisher | : Cambridge University Press |
| Total Pages | : 431 |
| Release | : 2022-11-03 |
| Genre | : Political Science |
| ISBN | : 1009116177 |
As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.
| Author | : Valerie Couillard |
| Publisher | : Minority Rights Group |
| Total Pages | : 32 |
| Release | : 2022-09-15 |
| Genre | : Social Science |
| ISBN | : 1912938774 |
This report, Ending slavery in Mauritania: The impact of legal advocacy and strategic litigation from 2010 to 2020, provides an assessment of the activities undertaken by Minority Rights Group (MRG), Anti-Slavery International (ASI) and SOS-Esclaves in the decade 2010–20, focusing on strategic litigation activities, domestic-level litigation and international litigation. The organizations have worked closely together during this time to campaign for an end to slavery in Mauritania, a practice that continues despite being criminalized. First, the report presents key events that have supported the change in the legal landscape in Mauritania and offers an overview of the roles played by organizations involved in the fight against descent-based slavery. Second, it looks at the theories of change of the different stakeholders involved in action to define the impact of advocacy and strategic litigation activities. It then goes on to analyse the impact and outcomes of the use of judicial and quasi-judicial mechanisms. The final section offers items for reflection, discussion and strategic planning.
| Author | : Gráinne de Búrca |
| Publisher | : Oxford University Press |
| Total Pages | : 145 |
| Release | : 2022-03-21 |
| Genre | : Law |
| ISBN | : 0192691767 |
The traditionally top-down focus in human rights scholarship on laws, institutions, and courts has begun to turn towards a bottom-up focus on activists, advocacy groups, affected communities, and social movements. The essays collected in Legal Mobilization for Human Rights examine a range of issues including which groups claim rights, what they are mobilizing to protect, the goals they pursue, the forums they use, the obstacles they encounter, and the extent of their success or failure. Case studies reveal key themes such as: the importance of human rights to marginalized communities; how political and societal authoritarianism shapes opportunities for effective mobilization; the importance of the choice of forum for instigating change; the role intermediary actors such as NGOs play in innovating strategies to address challenges; the possibilities for subaltern mobilization to reshape human rights law; and the importance of supporting genuinely community-led legal mobilization.
| Author | : Ramute Remezaite |
| Publisher | : BRILL |
| Total Pages | : 293 |
| Release | : 2023-12-18 |
| Genre | : Law |
| ISBN | : 9004538216 |
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
| Author | : Uprimny Yepes, Rodrigo |
| Publisher | : Dejusticia |
| Total Pages | : 52 |
| Release | : 2023-08-08 |
| Genre | : Law |
| ISBN | : 6287517662 |
This book features two presentations by Rodrigo Uprimny and Vivian Newman, both former directors of Dejusticia, that were delivered in 2020 to mark the occasion of the Tang Prize that was bestowed on Dejusticia that year. The first presentation explores Dejusticia’s relationship with the rule of law. It examines the differences between Dejusticia and other civil society organizations, as well as the action-research methodology that characterizes Dejusticia’s work and allows the organization to connect with the reality around us. It then discusses the role of the rule of law in contemporary society, where urgent social change is needed, and concludes with a discussion of the challenges that organizations such as Dejusticia have dealt with in the past and must tackle in the future. The second presentation explores the potential and limits of one of Dejusticia’s main tools: strategic litigation as an instrument for social and environmental justice. It offers examples of victories achieved by Dejusticia and its allies using litigation and offers some lessons learned during the organization’s fifteen-plus years using the law to change lives.
| Author | : Gaëtan Cliquennois |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2020-10-15 |
| Genre | : Law |
| ISBN | : 1108757472 |
With the decline of public funding and new strategies pursued by interest groups, foreign private foundations and donors have become growing contributors to the European human rights justice system. These groups have created their own litigation teams, have increasingly funded NGOs litigating the European Courts, and have contributed to the content and supervision of the European judgements, which all have direct effects on the growth and procedure of human rights. European Human Rights Justice and Privatisation analyses the impacts of this private influence and the resultant effects on international relations between states, including the orientation of European jurisprudence towards Eastern countries and the promotion of private and neo-liberal interests. This book looks at the direct and indirect threat of this private influence on the independency of the European justice and on the protection of human rights in Europe.
