Global Justice And Due Process
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Global Justice And Due Process
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Author : W Alton Jones Professor of Philosophy Professor of Law and Professor of Political Science Larry May
language : en
Publisher:
Release Date : 2014-05-14
Global Justice And Due Process written by W Alton Jones Professor of Philosophy Professor of Law and Professor of Political Science Larry May and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Due process of law categories.
Examines due process as center stage in international law, especially in connection with legal black holes such as Guantanamo.
Global Justice And Due Process
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Author : Larry May
language : en
Publisher: Cambridge University Press
Release Date : 2010-12-09
Global Justice And Due Process written by Larry May and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-09 with Philosophy categories.
The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.
Access To Justice And International Organizations
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Author : Pierre Schmitt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-08-25
Access To Justice And International Organizations written by Pierre Schmitt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-25 with Law categories.
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.
Understanding Due Process In Non Criminal Matters
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Author : Ricardo Lillo Lobos
language : en
Publisher: Springer Nature
Release Date : 2022-07-20
Understanding Due Process In Non Criminal Matters written by Ricardo Lillo Lobos and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-20 with Law categories.
How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby
language : en
Publisher: Oxford University Press
Release Date : 2017
General Principles Of Law And International Due Process written by Charles T. Kotuby and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Access To Justice As A Human Right
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Author : Francesco Francioni
language : en
Publisher: OUP Oxford
Release Date : 2007-10-25
Access To Justice As A Human Right written by Francesco Francioni and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-25 with Law categories.
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.
Encyclopedia Of Global Justice
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Author : Deen K. Chatterjee
language : en
Publisher: Springer Science & Business Media
Release Date : 2011
Encyclopedia Of Global Justice written by Deen K. Chatterjee and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Electronic books categories.
This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
Judicial Acts And Investment Treaty Arbitration
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Author : Berk Demirkol
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Judicial Acts And Investment Treaty Arbitration written by Berk Demirkol and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Global Justice And The Politics Of Recognition
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Author : A. Burns
language : en
Publisher: Springer
Release Date : 2013-11-06
Global Justice And The Politics Of Recognition written by A. Burns and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-06 with Social Science categories.
Global justice is of every increasing importance in the contemporary political world. This volume brings a hitherto overlooked perspective – the politics of recognition – to bear on this idea. It considers how discussion of each of these illuminates the problems posed by the other, thus addressing an issue of vital concern for the years to come.
The International Criminal Court In An Effective Global Justice System
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Author : Linda E. Carter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-11-25
The International Criminal Court In An Effective Global Justice System written by Linda E. Carter and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with categories.
International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.