Global Justice and Due Process PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Global Justice and Due Process PDF full book. Access full book title Global Justice and Due Process by Larry May. Download full books in PDF and EPUB format.
Author: Larry May
Publisher: Cambridge University Press
ISBN: 1139494643
Category : Philosophy
Languages : en
Pages : 261
Get Book Here
Book Description
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.
Author: Larry May
Publisher: Cambridge University Press
ISBN: 1139494643
Category : Philosophy
Languages : en
Pages : 261
Get Book Here
Book Description
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.
Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108483399
Category : Law
Languages : en
Pages : 507
Get Book Here
Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
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.
Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009113
Category : Law
Languages : en
Pages : 515
Get Book Here
Book Description
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Author: Carlo Focarelli
Publisher: Oxford University Press
ISBN: 0199584834
Category : Law
Languages : en
Pages : 628
Get Book Here
Book Description
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
Author: Lea Ypi
Publisher: Oxford University Press, USA
ISBN: 0199593876
Category : Law
Languages : en
Pages : 239
Get Book Here
Book Description
Why should states matter and how do relations between fellow-citizens affect what is owed to distant strangers? How, if at all, can demanding egalitarian principles inform political action in the real world? This book proposes a novel solution through the concept of avant-garde political agency. Ypi grounds egalitarian principles on claims arising from conflicts over the distribution of global positional goods, and illustrates the role of avant-garde agents in shaping these conflicts and promoting democratic political transformations in response to them. Against statists, she defends the global scope of equality, and derives remedial cosmopolitan principles from global responsibilities to relieve absolute deprivation. Against cosmopolitans, she shows that associative political relations play an essential role and that blanket condemnation of the state is unnecessary and ill-directed. Advocating an approach to global justice whereby domestic avant-garde agents intervene politically so as to constrain and motivate fellow-citizens to support cosmopolitan transformations, this book offers a fresh and nuanced example of political theory in an activist mode. Setting the contemporary debate on global justice in the context of recent methodological disputes on the relationship between ideal and nonideal theorizing, Ypi's dialectical account illustrates how principles and agency can genuinely interact.
Author: Carol C. Gould
Publisher:
ISBN: 9781316053782
Category : Democracy
Languages : en
Pages : 303
Get Book Here
Book Description
How can we confront the problems of diminished democracy, pervasive economic inequality, and persistent global poverty? Is it possible to fulfill the dual aims of deepening democratic participation and achieving economic justice, not only locally but also globally? Carol C. Gould proposes an integrative and interactive approach to the core values of democracy, justice, and human rights, looking beyond traditional politics to the social conditions that would enable us to realize these aims. Her innovative philosophical framework sheds new light on social movements across borders, the prospects for empathy and solidarity with distant others, and the problem of gender inequalities in diverse cultures, and also considers new ways in which democratic deliberation can be enhanced by online networking and extended to the institutions of global governance. Her book will be of great interest to scholars and upper-level students of political philosophy, global justice, social and political science, and gender studies.
Author: Gillian Brock
Publisher: Oxford University Press, USA
ISBN: 0199230935
Category : Philosophy
Languages : en
Pages : 383
Get Book Here
Book Description
Gillian Brock develops a model of global justice that takes seriously the moral equality of all human beings notwithstanding their legitimate diverse identifications and affiliations. She addresses concerns about implementing global justice, showing how we can move from theory to feasible public policy that makes progress toward global justice.
Author: United Nations Conference on Trade and Development
Publisher:
ISBN: 9789211128277
Category : Discrimination
Languages : en
Pages : 0
Get Book Here
Book Description
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
Author: Berk Demirkol
Publisher: Cambridge University Press
ISBN: 1107198461
Category : Law
Languages : en
Pages : 291
Get Book Here
Book Description
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
