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Author: Alice Diver Publisher: Springer ISBN: 3319240161 Category : Law Languages : en Pages : 422
Book Description
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
Author: Alice Diver Publisher: Springer ISBN: 3319240161 Category : Law Languages : en Pages : 422
Book Description
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
Author: Stefan Kadelbach Publisher: Springer ISBN: 3319948482 Category : Law Languages : en Pages : 663
Book Description
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Author: Benedetto Conforti Publisher: BRILL ISBN: 9004481702 Category : Law Languages : en Pages : 485
Book Description
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Author: Andre Nollkaemper Publisher: Oxford University Press, USA ISBN: 0198739745 Category : Law Languages : en Pages : 769
Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author: Yousuf Aftab Publisher: ISBN: 9780433478607 Category : Human rights Languages : en Pages :
Book Description
"This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--
Author: Malcolm Langford Publisher: Cambridge University Press ISBN: 1139473980 Category : Political Science Languages : en Pages : 705
Book Description
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
Author: Malcolm Langford Publisher: Cambridge University Press ISBN: 1107012775 Category : Law Languages : en Pages : 497
Book Description
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author: Fons Coomans Publisher: ISBN: 9789050955829 Category : Civil rights Languages : en Pages : 0
Book Description
International human rights law and many domestic legal systems provide for the protection of economic and social rights, such as the right to health, housing, food and labour-related rights. For many years the inferior status of economic and social rights, compared to civil and political rights, has had a negative impact on the possibilities to claim effective protection of these rights both at the international and domestic level. It is a matter of common knowledge that in practice it is difficult to denounce a violation of an economic or social right before a court of law. In other words, their justiciability is a matter of debate and dispute. Do economic and social rights only exist on paper as part of treaties and constitutions to which governments pay lip-service? Can they really mean something in practice for those who want to invoke these rights before the courts? How do courts reason in such cases? These are some of the questions that were discussed at a seminar organised by the Centre for Human Rights of Maastricht University in November 2005. The present book contains the revised papers that were presented at this meeting. Since the 1990s the justiciability of social and economic rights has drawn increasing interest. A reason for this is the progressive development of good practices and creative case law coming from a number of domestic systems. The most well-known examples are India and South Africa, but interesting case law can also be found in Colombia and the Philippines. The seminar aimed at taking stock of domestic developments. It brought together researchers from regions all over the world who were asked to discuss good practices of social and economic rights protection in their country, but also legal and non-legal obstacles that still hinder an effective enforcement of these rights at the domestic level. Fons Coomans is senior researcher at the Maastricht Centre for Human Rights.
Author: Ludovica Chiussi Curzi Publisher: BRILL ISBN: 9004440038 Category : Law Languages : en Pages : 404
Book Description
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Author: Alice Diver
Author: Alice Diver
Author: Stefan Kadelbach
Author: Benedetto Conforti
Author: Andre Nollkaemper
Author: Yousuf Aftab
Author: Richard B. Lillich
Author: Malcolm Langford
Author: Malcolm Langford
Author: Fons Coomans
Author: Ludovica Chiussi Curzi