Author: Kriangsak Kittichaisaree
Publisher: Routledge
ISBN: 1000471330
Category : Law
Languages : en
Pages : 314
Book Description
Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
The Rohingya, Justice and International Law
Author: Kriangsak Kittichaisaree
Publisher: Routledge
ISBN: 1000471330
Category : Law
Languages : en
Pages : 314
Book Description
Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
Publisher: Routledge
ISBN: 1000471330
Category : Law
Languages : en
Pages : 314
Book Description
Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law
Author: Antônio Augusto Cançado Trindade
Publisher: BRILL
ISBN: 9004340041
Category : Law
Languages : en
Pages : 780
Book Description
The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. We also offer this title as part of a 3 volume set (isbn 9789004375048).
Publisher: BRILL
ISBN: 9004340041
Category : Law
Languages : en
Pages : 780
Book Description
The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. We also offer this title as part of a 3 volume set (isbn 9789004375048).
Judge Sir Gerald Fitzmaurice and the Discipline of International Law
Author: John Graham Merrills
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105387
Category : Law
Languages : en
Pages : 368
Book Description
Influential, but controversial - elected to the International Court in 1960, Sir Gerald Fitzmaurice served as a judge until 1973. This work comprises a thoughtful essay by Professor Merrills and a selection of Judge Fitzmaurice's opinions. Professor Merrills' essay analyses Judge Fitzmaurice's achievements during his judical tenure and relates them to his earlier work as a legal advisor and scholar. The essay also discusses the final phase of Fitzmaurice's career in which he served as a judge on the European Court of Human Rights and arbitrator. Demonstrating how Fitzmaurice's decisions as a judge stemmed from his distinctive view of law and the legal process, this study particularly interests scholars, practitioners, and students concerned with international adjudication and the nature of international law. This volume is the third in the series entitled "The Judges," which examines the opinions of international judges who have made significant contributions to international law.
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105387
Category : Law
Languages : en
Pages : 368
Book Description
Influential, but controversial - elected to the International Court in 1960, Sir Gerald Fitzmaurice served as a judge until 1973. This work comprises a thoughtful essay by Professor Merrills and a selection of Judge Fitzmaurice's opinions. Professor Merrills' essay analyses Judge Fitzmaurice's achievements during his judical tenure and relates them to his earlier work as a legal advisor and scholar. The essay also discusses the final phase of Fitzmaurice's career in which he served as a judge on the European Court of Human Rights and arbitrator. Demonstrating how Fitzmaurice's decisions as a judge stemmed from his distinctive view of law and the legal process, this study particularly interests scholars, practitioners, and students concerned with international adjudication and the nature of international law. This volume is the third in the series entitled "The Judges," which examines the opinions of international judges who have made significant contributions to international law.
Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law
Author: Triestino Mariniello
Publisher: BRILL
ISBN: 9004434666
Category : Law
Languages : en
Pages : 966
Book Description
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe. As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
Publisher: BRILL
ISBN: 9004434666
Category : Law
Languages : en
Pages : 966
Book Description
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe. As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
Identity and Diversity on the International Bench
Author: Freya Baetens
Publisher: Oxford University Press
ISBN: 0192643762
Category : Law
Languages : en
Pages : 567
Book Description
International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
Publisher: Oxford University Press
ISBN: 0192643762
Category : Law
Languages : en
Pages : 567
Book Description
International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
The Right to a Fair Trial in International Law
Author: Amal Clooney
Publisher:
ISBN: 0198808399
Category : History
Languages : en
Pages : 1057
Book Description
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Publisher:
ISBN: 0198808399
Category : History
Languages : en
Pages : 1057
Book Description
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Judges and the Making of International Criminal Law
Author: Joseph Powderly
Publisher: Leiden Studies on the Frontier
ISBN: 9789004359963
Category : Law
Languages : en
Pages : 618
Book Description
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
Publisher: Leiden Studies on the Frontier
ISBN: 9789004359963
Category : Law
Languages : en
Pages : 618
Book Description
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
Judge Knot
Author: Todd N. Tucker
Publisher: Anthem Press
ISBN: 1783087935
Category : Law
Languages : en
Pages : 226
Book Description
‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.
Publisher: Anthem Press
ISBN: 1783087935
Category : Law
Languages : en
Pages : 226
Book Description
‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.
International Law for Humankind
Author: Antônio Augusto Cançado Trindade
Publisher: Martinus Nijhoff Publishers
ISBN: 9004255079
Category : Law
Languages : en
Pages : 753
Book Description
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004255079
Category : Law
Languages : en
Pages : 753
Book Description
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Judges, Law and War
Author: Shane Darcy
Publisher: Cambridge University Press
ISBN: 1107060699
Category : History
Languages : en
Pages : 395
Book Description
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Publisher: Cambridge University Press
ISBN: 1107060699
Category : History
Languages : en
Pages : 395
Book Description
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.