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Author: Tom Zwart
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792331469
Category : Political Science
Languages : en
Pages : 270
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Book Description
9.2. The Way Forward.
Author: Tom Zwart
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792331469
Category : Political Science
Languages : en
Pages : 270
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Book Description
9.2. The Way Forward.
Author: Tom Zwart
Publisher: Martinus Nijhoff Publishers
ISBN: 9004482237
Category : Law
Languages : en
Pages : 264
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Book Description
Both global and regional human rights treaties have established international institutions offering recourse if a State party fails to comply with its obligations under the treaty. Many of these institutions have jurisdiction to consider complaints brought by individuals claiming that a State party has violated the rights enumerated in the treaty. However, these same institutions appear no longer merely to confine themselves to considering individual petitions. Due to the growing number of complaints, they have become increasingly preoccupied with managing their workload. The present volume focuses attention on two international institutions, one regional (the European Commission on Human Rights), and one global (the Human Rights Committee). It thoroughly examines the admissibility conditions of both the Commission and the Court by means of their case law and discusses possible changes which might reduce this case load. Chapter 2 discusses the procedural aspects of both systems, in particular, the division of labour and the various stages of the proceedings. Chapters 3-9 explore the case law of both organs concerning admissibility conditions, and such topics as competence ratione personae (including standing, the victim requirement and State responsibility), competence ratione temporis, competence ratione materiae, inadmissibility pendente lite and the exhaustion of local remedies.
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: Lisa McIntosh Sundstrom
Publisher: Oxford University Press
ISBN: 0190932856
Category : Law
Languages : en
Pages : 424
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Book Description
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
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: Jacob Katz Cogan
Publisher: Oxford University Press
ISBN: 0191652369
Category : Law
Languages : en
Pages : 1345
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Book Description
Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.
Author: Courtney Hillebrecht
Publisher: Cambridge University Press
ISBN: 1107040221
Category : Law
Languages : en
Pages : 207
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Book Description
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Author: James L. Cavallaro
Publisher: Oxford University Press
ISBN: 0190900881
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: Council of Europe
Publisher: Council of Europe
ISBN: 9789287146557
Category : Political Science
Languages : en
Pages : 168
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Book Description
Author: Yoram Dinstein
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792303541
Category : Political Science
Languages : en
Pages : 448
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Book Description
