Latin America And The International Court Of Justice
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Latin America And The International Court Of Justice
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Author : Paula Wojcikiewicz Almeida
language : en
Publisher: Routledge
Release Date : 2016-11-25
Latin America And The International Court Of Justice written by Paula Wojcikiewicz Almeida and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Law categories.
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
A Latin American Guide To The International Court Of Justice Case Law
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Author : Paula Wojcikiewicz Almeida
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2016-12-14
A Latin American Guide To The International Court Of Justice Case Law written by Paula Wojcikiewicz Almeida and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-14 with Law categories.
This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.
International Courts In Latin America And The Caribbean
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Author : Salvatore Caserta
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-10-29
International Courts In Latin America And The Caribbean written by Salvatore Caserta and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Law categories.
This book explores the foundations and evolution of the four Latin American and Caribbean regional economic courts. It argues that local socio-political factors are often the decisive factor in influencing the direction of these Courts, rather than the formally delegated functions they were assigned when established.
The Role Of Courts In Transitional Justice
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Author : Jessica Almqvist
language : en
Publisher: Routledge
Release Date : 2013-06-17
The Role Of Courts In Transitional Justice written by Jessica Almqvist and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Law categories.
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Courts In Latin America
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Author : Gretchen Helmke
language : en
Publisher: Cambridge University Press
Release Date : 2011-01-17
Courts In Latin America written by Gretchen Helmke 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 2011-01-17 with Political Science categories.
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Judging International Human Rights
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Author : Stefan Kadelbach
language : en
Publisher: Springer
Release Date : 2019-04-15
Judging International Human Rights written by Stefan Kadelbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.
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.
Judicial Reform In Latin America
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Author : Maria Dakolias
language : en
Publisher: Hoover Press
Release Date :
Judicial Reform In Latin America written by Maria Dakolias and has been published by Hoover Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with Courts categories.
An essay on the need for a well functioning judiciary system in Latin America.
International Court Authority
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Author : Mikael Rask Madsen
language : en
Publisher: Oxford University Press
Release Date : 2018-06-28
International Court Authority written by Mikael Rask Madsen 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 2018-06-28 with Law categories.
An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
The Latin American Casebook
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Author : Juan F. Gonzalez-Bertomeu
language : en
Publisher: Routledge
Release Date : 2016-04-20
The Latin American Casebook written by Juan F. Gonzalez-Bertomeu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-20 with Law categories.
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
The Judicial Sector In Latin America And The Caribbean
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Author : Maria Dakolias
language : en
Publisher: World Bank Publications
Release Date : 1996-01-01
The Judicial Sector In Latin America And The Caribbean written by Maria Dakolias and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.
"Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.