Remedies for Human Rights Violations

Remedies for Human Rights Violations PDF 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.

Remedies for Human Rights Violations

Remedies for Human Rights Violations PDF 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.

From Rights to Remedies

From Rights to Remedies PDF Author: Open Society Justice Initiative
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 212

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Book Description
From Rights to Remedies examines the mechanisms of how international human rights decisions are implemented at the national level. It analyzes the strategies and structuresincluding the executive branch, legislatures, and domestic courtsthat can promote or thwart implementation.

Remedies in International Human Rights Law

Remedies in International Human Rights Law PDF Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 0191068756
Category : Law
Languages : en
Pages : 513

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Book Description
The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.

The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies PDF Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : LAW
Languages : en
Pages : 193

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Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Crime Victim Rights and Remedies

Crime Victim Rights and Remedies PDF Author: Peggy M. Tobolowsky
Publisher:
ISBN: 9781611636949
Category : Victims of crimes
Languages : en
Pages : 0

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Book Description
Prior to the emergence of a victims' movement in this country in the 1970s, crime victims had only limited formal rights and remedies in the modern American criminal justice system. With the active encouragement of those involved in the victims' movement and guidance supplied by a national Task Force on Victims of Crime, convened by President Reagan in 1982, federal and state authorization of crime victim rights and remedies has increased exponentially in the subsequent years. In fact, it has been estimated that there are currently tens of thousands of statutes that directly or indirectly affect crime victim rights and interests, as well as crime victim-related constitutional provisions in a majority of states. The authors describe the constitutional and legislative provisions addressing the principal crime victim rights and remedies and leading judicial opinions that have interpreted them. In addition to presenting the current state of the law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of pertinent policy analysis. This comprehensive portrait of the past and current status of crime victim rights and remedies in this country will inform the continued evolution of law and practice in this area. The third edition of Crime Victim Rights and Remedies continues to address the evolution of key crime victim rights (e.g., the rights to notice of and to be present and heard at criminal justice proceedings) and includes the state constitutional amendments, legislation, court decisions, and empirical studies completed since the second edition in 2010. Of particular note is an expanded federal section regarding each right and remedy in the federal Crime Victims' Rights Act, enacted in 2004, and court decisions that have interpreted the Act in its initial decade of implementation. The third edition also adds a new chapter concerning crime victim rights and remedies in the United States armed services and internationally.

Civil Remedies and Human Rights in Flux

Civil Remedies and Human Rights in Flux PDF Author: Ekaterina Aristova
Publisher: Bloomsbury Publishing
ISBN: 1509947604
Category : Political Science
Languages : en
Pages : 456

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Book Description
What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.

Child Rights & Remedies

Child Rights & Remedies PDF Author: Robert C. Fellmeth
Publisher:
ISBN:
Category : Art
Languages : en
Pages : 684

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Book Description
Describing more than 190 leading cases and including probing commentaries and recent statistics, this provocative book is a unique tool that shows how the American legal system affects children.

Court Delay and Human Rights Remedies

Court Delay and Human Rights Remedies PDF Author: Caroline Savvidis
Publisher: Routledge
ISBN: 1317158865
Category : Political Science
Languages : en
Pages : 182

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Book Description
This book brings legal and academic perspective to the theory and practice surrounding the right to a fair hearing within a reasonable time. This field of rights has been somewhat neglected academically, a fact which jars with the sheer volume of case law budding from this single, simple, fundamental right, bearing testimony to the widespread concern with delay in judicial proceedings which transcends the boundaries of states or legal systems. The work provides a blueprint for analysing the effectiveness of legal remedies across entire legal systems, as well as in any given individual case. The first part focuses on deriving legal principles from the body of jurisprudence of the European Court of Human Rights in Strasbourg, while the second part contains illustrations of the practical application of such principles. The content constitutes essential reading for students, academics, lawyers, judges, practitioners and all those who wish to understand the issue of delay in judicial proceedings, and the legal context of available remedies. The author aims to raise awareness about the human rights issues which come into play when delivery of justice is delayed, and to provide both an academic and practical reference.

World Intellectual Property Rights and Remedies

World Intellectual Property Rights and Remedies PDF Author: Salzburg Center for International Legal Studies, Salzburg
Publisher:
ISBN: 9780379012842
Category : Actions and defenses
Languages : en
Pages : 0

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Book Description
This set features commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia -- along with English translations of key intellectual property legislation from these non-English-speaking jurisdictions. Organized by country, each chapter clearly describes the nuances of local practice on how to register and protect copyrights, patents, trade and service marks -- and includes helpful guidance on topics such as trade names and business designations, utility models and industrial designs, licensing and transfer of technology.

Remedies against Immunity?

Remedies against Immunity? PDF Author: Valentina Volpe
Publisher: Springer Nature
ISBN: 3662623048
Category : Law
Languages : en
Pages : 427

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Book Description
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.