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Author: Philip Royston Leach
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 244
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Book Description
As a response to widespread structural or endemic human rights violations, in 2004 the European Court began to issue pilot judgments, the aim of which was not only to exert further pressure on national authorities to tackle systemic problems, but also to stop the European Court itself being inundated with the same types of cases. This analyses the principal characteristics of the pilot judgment procedure and its application in key cases to date.
Author: Philip Royston Leach
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 244
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Book Description
As a response to widespread structural or endemic human rights violations, in 2004 the European Court began to issue pilot judgments, the aim of which was not only to exert further pressure on national authorities to tackle systemic problems, but also to stop the European Court itself being inundated with the same types of cases. This analyses the principal characteristics of the pilot judgment procedure and its application in key cases to date.
Author: Katarina Tomaševski
Publisher: BRILL
ISBN: 9004478655
Category : Law
Languages : en
Pages : 438
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Book Description
This volume maps out the response of states to human rights violations. It covers the period 1946-1999 and offers a complete and unmatched record for this period. Its starting point is that such responses are not established and accepted state practice. Traditional, if unwritten, norms of states' behaviour developed through centuries of silence and inaction; the prevalent reaction to human rights violations by another state remains the absence of any response. Furthermore, this book probes into evidence of active and passive complicity by reviewing aid to countries in which violations have been taking place and diplomatic initiatives undertaken to shield violators from public opprobrium. Since international law is generated through state practice, the book highlights the ongoing tussle between the pre-1946 heritage of silence and inaction and the 1946-1999 haphazard pattern of responses to violations.
Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1108417876
Category : Law
Languages : en
Pages : 633
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Book Description
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author: Christopher Roberts
Publisher: Cambridge University Press
ISBN: 1009080695
Category : Political Science
Languages : en
Pages : 257
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Book Description
This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.
Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 1009306383
Category : Law
Languages : en
Pages : 1033
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Book Description
Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Author: Nita Shala
Publisher: Taylor & Francis
ISBN: 104003005X
Category : Law
Languages : en
Pages : 165
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Book Description
This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.
Author: Chiara Giorgetti
Publisher: Martinus Nijhoff Publishers
ISBN: 9004194827
Category : Law
Languages : en
Pages : 645
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Book Description
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1108284817
Category : Law
Languages : en
Pages : 633
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Book Description
An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.
Author: Lutz Oette
Publisher: Routledge
ISBN: 1317157907
Category : Political Science
Languages : en
Pages : 328
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Book Description
Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.
Author: Philip Leach
Publisher: Oxford University Press, USA
ISBN: 0199585024
Category : Law
Languages : en
Pages : 695
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Book Description
Previous editions published : 2nd (2005) and 1st (2001).
