Sustainable Development, International Criminal Justice, and Treaty Implementation

Sustainable Development, International Criminal Justice, and Treaty Implementation PDF Author: Sébastien Jodoin
Publisher: Cambridge University Press
ISBN: 1107245060
Category : Law
Languages : en
Pages : 393

Get Book Here

Book Description
Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.

Sustainable Development, International Criminal Justice, and Treaty Implementation

Sustainable Development, International Criminal Justice, and Treaty Implementation PDF Author: Sébastien Jodoin
Publisher: Cambridge University Press
ISBN: 1107245060
Category : Law
Languages : en
Pages : 393

Get Book Here

Book Description
Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.

Treaty Justice

Treaty Justice PDF Author: Charles Wilkinson
Publisher: University of Washington Press
ISBN: 0295752734
Category : History
Languages : en
Pages : 378

Get Book Here

Book Description
In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. Like Brown v. Board of Education, the case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the dramatic story of the Boldt Decision against the backdrop of salmon’s central place in the cultures and economies of the Pacific Northwest. In the 1960s, Native people reasserted their fishing rights as delineated in nineteenth-century treaties. In response, state officials worked with non-Indian commercial and sport fishing interests to forcefully—and often violently—oppose Native actions. These “fish wars” spurred twenty tribes and the US government to file suit in federal court. Moved by the testimony of tribal leaders and other experts, Boldt pointedly waited until Lincoln’s birthday to hand down a decision recognizing the tribes’ right to half of the state’s fish. The case’s long aftermath led from the Supreme Court’s affirmation of Boldt’s opinion to collaborative management of the harvest of salmon and other marine resources. Expert and compelling, Treaty Justice weaves personalities and local detail into the definitive account of one of the twentieth century’s most important civil rights cases.

Supreme Law of the Land?

Supreme Law of the Land? PDF Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 1108546269
Category : Law
Languages : en
Pages : 517

Get Book Here

Book Description
How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.

United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :

Get Book Here

Book Description


Two Treaties of Paris and the Supreme Court

Two Treaties of Paris and the Supreme Court PDF Author: Sidney Webster
Publisher:
ISBN:
Category : Louisiana Purchase
Languages : en
Pages : 152

Get Book Here

Book Description


Messages from Frank's Landing

Messages from Frank's Landing PDF Author: Charles Wilkinson
Publisher: University of Washington Press
ISBN: 9780295985930
Category : History
Languages : en
Pages : 130

Get Book Here

Book Description
"Billy Frank, Jr., has been celebrated as a visionary, but if we go deeper and truer, we learn that he is best understood as a plainspoken bearer of traditions, a messenger, passing along messages from his father, from his grandfather, from those further back, from all Indian people, really. They are messages about the natural world, about societies past, about this society, and about societies to come. When examined rigorously - not out of any romanticism but only out of our own enlightened self-interest - these messages can be of great practical use to us in this and future years." - Charles Wilkinson, from the Introduction In 1974 Federal Judge George H. Boldt issued one of the most sweeping rulings in the history of the Pacific Northwest, affirming the treaty rights of Northwest tribal fishermen and allocating to them 50 percent of the harvestable catch of salmon and steelhead. Among the Indians testifying in Judge Boldt's courtroom were Nisqually tribal leader Billy Frank, Jr., and his 95-year-old father, whose six acres along the Nisqually River, known as Frank's Landing, had been targeted for years by state game wardens in the so-called Fish Wars. By the 1960s the Landing had become a focal point for the assertion of tribal treaty rights in the Northwest. It also lay at the moral center of the tribal sovereignty movement nationally. The confrontations at the Landing hit the news and caught the conscience of many. Like the schoolhouse steps at Little Rock, or the bridge at Selma, Frank's Landing came to signify a threshold for change, and Billy Frank, Jr., became a leading architect of consensus, a role he continues today as one of the most colorful and accomplished figures in the modern history of the Pacific Northwest. In Messages from Frank's Landing, Charles Wilkinson explores the broad historical, legal, and social context of Indian fishing rights in the Pacific Northwest, providing a dramatic account of the people and issues involved. He draws on his own decades of experience as a lawyer working with Indian people, and focuses throughout on Billy Frank and the river flowing past Frank's Landing. In all aspects of Frank's life as an activist, from legal settlements negotiated over salmon habitats destroyed by hydroelectric plants, to successful negotiations with the U.S. Army for environmental protection of tribal lands, Wilkinson points up the significance of the traditional Indian world view - the powerful and direct legacy of Frank's father, conveyed through generations of Indian people who have crafted a practical working philosophy and a way of life. Drawing on many hours spent talking and laughing with Billy Frank while canoeing the Nisqually watershed, Wilkinson conveys words of respect and responsibility for the earth we inhabit and for the diverse communities the world encompasses. These are the messages from Frank's Landing. Wilkinson brings welcome clarity to complex legal issues, deepening our insight into a turbulent period in the political and environmental history of the Northwest. "The Boldt decision profoundly changed natural resource management in the Pacific Northwest. This book clearly builds an historical base to help guide us today. The wisdom and patience of Billy Frank fill virtually every page. It is required reading for anyone interested in salmon preservation." - Governor Daniel J. Evans "Charles Wilkinson evokes the character and culture of the Nisqually people as well as their deep love for their land. From Chief Leschi to Billy Frank, we see the long thread of cultural continuity, culminating in modern times with this fight for justice." - Ada Deer (Menominee), University of Wisconsin-Madison Charles Wilkinsonis Moses Lasky Professor of Law at the University of Colorado, Boulder. He is the author ofFire on the Plateau: Conflict and Endurance in the American Southwestand numerous other books, including standard texts on Indian and Federal public land law.

The Peace of Justice

The Peace of Justice PDF Author: Raphaël Georges Lévy
Publisher:
ISBN:
Category : Treaty of Versailles
Languages : en
Pages : 108

Get Book Here

Book Description


Treaty Interpretation by the WTO Appellate Body

Treaty Interpretation by the WTO Appellate Body PDF Author: Isabelle Van Damme
Publisher:
ISBN: 0199562237
Category : Law
Languages : en
Pages : 487

Get Book Here

Book Description
This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.

The International Court of Justice

The International Court of Justice PDF Author: United States. Department of State
Publisher:
ISBN:
Category : Congresses and conventions
Languages : en
Pages : 184

Get Book Here

Book Description
"Comprises a selection of documents emanating from ... [the] meeting [of the United nations committee of jurists in Washington from April 9 to 20, 1945] as well as the Statute of the Permanent court of international justice and chapter VII of the Dumbarton Oaks proposals."--Preface

Transitional Justice and a State’s Response to Mass Atrocity

Transitional Justice and a State’s Response to Mass Atrocity PDF Author: Jacopo Roberti di Sarsina
Publisher: Springer
ISBN: 9462652767
Category : Law
Languages : en
Pages : 283

Get Book Here

Book Description
This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.