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Author: International Commission of Jurists (1952- )
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 152
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Book Description
Author: Howard B. Tolley, Jr.
Publisher: University of Pennsylvania Press
ISBN: 0812203151
Category : Political Science
Languages : en
Pages : 377
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Book Description
Since its founding in 1952, the International Commission of Jurists has inspired the international human rights movement with persistent demands that governments obey the rule of law.
Author: Nat Rubner
Publisher: Boydell & Brewer
ISBN: 1847013546
Category :
Languages : en
Pages : 527
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Book Description
Landmark study of the African Charter on Human and Peoples' Rights. Documents on one side the international community's inability to foist a human rights system upon Africa and on the other the process within the OAU (now African Union) that eventually brought it into being and determined its content. The African Charter on Human and Peoples' Rights (ACHPR), which was proposed in 1979, adopted in 1981 and came into effect in 1986, was the first non-Western declaration of human rights and the first official statement of an African human rights perspective. With Africa largely absent in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, it stands in stark historical reproach to the Western conception of universal human rights as a pivotal document in the decolonisation of the continent. This book, for the first time, presents a comprehensive account of the development of the ACHPR, which is key to a proper understanding of its fundamental nature. Through documenting its process of construction, it becomes possible to understand how Africans themselves understood the process and the issues involved and how the ACHPR became a political text asserted by African leaders and not a continuum of a so-called universal human rights tradition. The result is a radical repositioning of the underlying context of the ACHPR, one of the most important documents in modern African history, of how it came to be and how it should therefore be understood. Volume 2 describes the process through which the ACHPR came into being. Analysing the role of Western governments, the UN and NGOs, it shows that, contrary to the prevailing view of African human rights commentators, their influence was limited and at times counter-productive. That, in fact, the formulation of the ACHPR was a profoundly political process that was primarily a product of an African desire to instigate its own human rights perspective as a counter to the human rights universalism advanced by the Western post-war human rights tradition.
Author: Nagendra Singh
Publisher: BRILL
ISBN: 9004640681
Category : Business & Economics
Languages : en
Pages : 459
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Book Description
Author: Serena Forlati
Publisher: Springer
ISBN: 3319061798
Category : Law
Languages : en
Pages : 239
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Book Description
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
Author: Justice (Society)
Publisher:
ISBN:
Category : Bar associations
Languages : en
Pages : 284
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Book Description
Author: Nerina Boschiero
Publisher: Springer Science & Business Media
ISBN: 9067048941
Category : Law
Languages : en
Pages : 948
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Book Description
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Author: David P. Forsythe
Publisher: Cambridge University Press
ISBN: 9781139446327
Category : Political Science
Languages : en
Pages : 384
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Book Description
The International Committee of the Red Cross (ICRC) coordinates the world's largest private relief system for conflict situations. Its staff operates throughout the world, and in recent years the ICRC has mounted large operations in the Balkans and Somalia. Yet despite its very important role its internal workings are mysterious and often secretive. This book examines the ICRC from its origins in the mid-nineteenth century up to the present day, and provides a comprehensive overview of a unique private organisation, whose governing body remains all-Swiss, but which is recognized in international law as if it were an inter-governmental organization. David Forsythe focuses on the policy making and field work of the ICRC, while not ignoring international humanitarian law. He explores how it exercises its independence, impartiality, and neutrality to try to protect prisoners in Iraq, displaced and starving civilians in Somalia, and families separated by conflict in the Israeli-Palestinian conflict. David Forsythe received the Distinguished Scholar Award for 2007 from the Human Rights Section of the American Political Science Association.
Author: Justice (Society)
Publisher:
ISBN:
Category : Law reform
Languages : en
Pages : 886
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Book Description
Author: Stephen M. Schwebel
Publisher: Cambridge University Press
ISBN: 113950293X
Category : Law
Languages : en
Pages : 385
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Book Description
Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.
Author: Katarina Tomaševski
Publisher: Burns & Oates
ISBN:
Category : Economic assistance
Languages : en
Pages : 230
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Book Description
Populations for the sins of their rulers.
