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Author: Eva R. Rieter Publisher: ISBN: Category : Law Languages : en Pages : 1282
Book Description
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.
Author: Eva R. Rieter Publisher: ISBN: Category : Law Languages : en Pages : 1282
Book Description
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.
Author: Douglas Laycock Publisher: Oxford University Press ISBN: 0195362519 Category : Law Languages : en Pages : 375
Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Cameron A. Miles Publisher: Cambridge University Press ISBN: 9781107565173 Category : Law Languages : en Pages : 0
Book Description
Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.
Author: Melissa F. Miller Publisher: Brown Street Books ISBN: 0983492719 Category : Fiction Languages : en Pages : 450
Book Description
Irreparable Harm is a heart-pounding legal thriller that will keep you on the edge of your seat from the first page. Surprising twists, a brisk pace, and an unforgettable protagonist make this electrifying debut an unputdownable read and pave the way for a long-running series that has captivated over two million readers! Meet Attorney Sasha McCandless, a woman with one burning ambition: to make partner at the most prestigious law firm in town. Little does she know, her dreams of success are about to collide with a world of deceit and danger, thrusting her into a high-stakes battle she never expected. When a commercial airline flight crashes, leaving no survivors, Sasha is handpicked to defend the company in the inevitable litigation. It’s her big break—a chance to prove herself to an important client. But as she builds the defense, a sinister truth emerges, and the people connected to the case start mysteriously dying. With mounting evidence that the tragic crash was no accident but a deliberate act of evil, Sasha must navigate a treacherous landscape of lies, betrayal, and conspiracy. Desperate for answers and running out of time, she forms an unlikely alliance with a federal air marshal, embarking on a race against the clock to prevent another devastating airline disaster. Driven by her unwavering determination and fueled by the adrenaline of the chase, Sasha McCandless fights to stop a madman before he silences her forever. As the tension escalates and the stakes skyrocket, you'll find yourself immersed in a world where justice hangs in the balance, and one woman risks everything to expose the truth. USA Today bestselling author Melissa F. Miller showcases her unparalleled storytelling skills in this first book in an addictive series that will leave you craving more. Download your copy today and buckle up for a white-knuckle ride of suspense, surprises, and a strong female protagonist who will capture your heart and leave you breathless.
Author: C. Bradford Biddle Publisher: Cambridge University Press ISBN: 1108426751 Category : Business & Economics Languages : en Pages : 379
Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author: Paraguay Publisher: ISBN: Category : Aliens Languages : en Pages : 232
Book Description
This Report presents the written proceedings and oral arguments of a case taken before the International Court of Justice concerning the Vienna Convention on Consular Relations. The case was brought by the Government of Paraguay against the Government of the United States of America. This case concerned the procedures followed, and decisions made, by the Executive and Supreme Court of the United States leading up to execution of a Paraguayan national by the Commonwealth of Virginia in May 1998. The Paraguayan argument was that the defendant had been denied his right to consular assistance as guaranteed under the Vienna Convention. The case was discontinued by Paraguay in November 1998 and therefore this volume contains no ruling from the International Court of Justice.
Author: Ilia Siatitsa Publisher: Oxford University Press ISBN: 0192863045 Category : Human rights Languages : en Pages : 289
Book Description
This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.
Author: H. W. A. Thirlway Publisher: Oxford University Press ISBN: 0198779070 Category : Law Languages : en Pages : 241
Book Description
"In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.
Author: Eva R. Rieter
Author: Eva R. Rieter
Author: Douglas Laycock
Author: American Bar Association. House of Delegates
Author: Cameron A. Miles
Author: Kent Roach
Author: Melissa F. Miller
Author: C. Bradford Biddle
Author: Paraguay
Author: Ilia Siatitsa
Author: H. W. A. Thirlway