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Author: Annelen Micus
Publisher: BRILL
ISBN: 9004289739
Category : Law
Languages : en
Pages : 460
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Book Description
In The Inter-American Human Rights System as a Safeguard for Justice in National Transitions, Annelen Micus analyzes the importance of the Inter-American Human Rights System for transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru. She examines which factors influence a country’s approach in confronting its past and addressing impunity. The emphasis is placed on the way countries may overcome amnesty laws with the support of international law in order to hold perpetrators of grave human rights violations to account. The book’s main focus is on the Inter-American Court of Human Rights, and the impact of its jurisprudence on legal proceedings and political decisions within the national transitional justice processes in the three countries.
Author: Annelen Micus
Publisher: BRILL
ISBN: 9004289739
Category : Law
Languages : en
Pages : 460
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Book Description
In The Inter-American Human Rights System as a Safeguard for Justice in National Transitions, Annelen Micus analyzes the importance of the Inter-American Human Rights System for transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru. She examines which factors influence a country’s approach in confronting its past and addressing impunity. The emphasis is placed on the way countries may overcome amnesty laws with the support of international law in order to hold perpetrators of grave human rights violations to account. The book’s main focus is on the Inter-American Court of Human Rights, and the impact of its jurisprudence on legal proceedings and political decisions within the national transitional justice processes in the three countries.
Author: Thomas Buergenthal
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 1202
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Book Description
C. Rules of Procedure
Author: Par Engstrom
Publisher: Springer
ISBN: 3319894595
Category : Political Science
Languages : en
Pages : 356
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Book Description
This volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.
Author: David John Harris
Publisher: Oxford University Press on Demand
ISBN: 9780198265528
Category : Political Science
Languages : en
Pages : 588
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Book Description
This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.
Author: Par Engstrom
Publisher: Routledge
ISBN: 1000008436
Category : Political Science
Languages : en
Pages : 317
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Book Description
At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.
Author: James L. Cavallaro
Publisher: Oxford University Press, USA
ISBN: 0190900865
Category : Law
Languages : en
Pages : 969
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Book Description
Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.
Author: Yves Haeck
Publisher:
ISBN: 9781780683089
Category : Human rights
Languages : en
Pages : 0
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Book Description
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Author: Jo M. Pasqualucci
Publisher: Cambridge University Press
ISBN: 1107006589
Category : Law
Languages : en
Pages : 461
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Book Description
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
Author: Par Engstrom
Publisher: Palgrave Macmillan
ISBN: 9783319894584
Category : Political Science
Languages : en
Pages : 340
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Book Description
This volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.
Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 019988224X
Category : Political Science
Languages : en
Pages : 404
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Book Description
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
