Author: Paula Wojcikiewicz Almeida Publisher: Taylor & Francis ISBN: 1317511360 Category : Law Languages : en Pages : 326
Book Description
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Author: Paula Wojcikiewicz Almeida Publisher: Cambridge Scholars Publishing ISBN: 1443847038 Category : Law Languages : en Pages : 485
Book Description
This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.
Author: Salvatore Caserta Publisher: Oxford University Press, USA ISBN: 0198867999 Category : Law Languages : en Pages : 321
Book Description
This book explores the foundations and evolution of the four Latin American and Caribbean regional economic courts. It argues that local socio-political factors are often the decisive factor in influencing the direction of these Courts, rather than the formally delegated functions they were assigned when established.
Author: Jessica Almqvist Publisher: Routledge ISBN: 1136579265 Category : Law Languages : en Pages : 338
Book Description
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Author: Gretchen Helmke Publisher: Cambridge University Press ISBN: 1139497162 Category : Political Science Languages : en Pages : 353
Book Description
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author: Juan F. Gonzalez-Bertomeu Publisher: Routledge ISBN: 1317026195 Category : Law Languages : en Pages : 412
Book Description
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Author: Jeffrey Davis Publisher: Cambridge University Press ISBN: 0521514363 Category : Law Languages : en Pages : 257
Book Description
This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.
Author: Susan Eckstein Publisher: Univ of California Press ISBN: 0520237455 Category : Business & Economics Languages : en Pages : 377
Book Description
"This splendid collection by two of our leading political sociologists pioneers new directions in the study of social justice in Latin America. What Justice? Whose Justice? is impassioned scholarship at its best. It brings together detailed studies of rights and institutions, inequality and struggle, citizenship and indigenous politics, war and peace. This book is essential reading for anyone interested in what the so-called triumph of democracy over dictatorship in the region really means today in the lives of the still dispossessed."—Matthew C. Gutmann, author of The Romance of Democracy: Compliant Defiance in Contemporary Mexico "This book offers a stimulating interdisciplinary analysis of the gripping problems of justice, inequality, and citizenship, and of citizen responses to these issues in contemporary Latin America. It is essential reading on these interrelated themes."—Scott Mainwaring, co-editor of Presidentialism and Democracy in Latin America "First-rate contributors address the quality of democracy in several Latin American countries in these readable and provocative essays. The volume focuses particularly on the relation between democracy and the law, on the importance of the past, and on informal politics and indigenous political movements. A must-read for all those who are tracking the course of democracy in the region and who are concerned about its political future."—Jane S. Jaquette, co-editor of Women and Democracy: Latin America and Central and Eastern Europe "For anyone who still assumes that markets plus elections suffice to resolve the problems of injustice that are the political, social, and economic patrimony of Latin America, this book will be a firm wake-up call. At the same time, the excellent case studies in this book make it clear that the current global neoliberal regime is no more effective at suppressing local struggles for justice than the more traditional forms of domination that came before it. It is valuable and provocative reading for anyone interested in understanding the contemporary political dynamics of justice and injustice."—Peter Evans, editor of Livable Cities?
Author: Maria Dakolias Publisher: World Bank Publications ISBN: 9780821336120 Category : Law Languages : en Pages : 96
Book Description
"Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.
Author: Paula Wojcikiewicz Almeida
Author: Paula Wojcikiewicz Almeida
Author: Salvatore Caserta
Author: Jessica Almqvist
Author: Gretchen Helmke
Author: Juan F. Gonzalez-Bertomeu
Author: Maria Dakolias
Author: Jeffrey Davis
Author: Susan Eckstein
Author: Maria Dakolias