Global Justice and Due Process

Global Justice and Due Process
Author: Larry May
Publisher: Cambridge University Press
Total Pages: 261
Release: 2010-12-09
Genre: Philosophy
ISBN: 1139494643

The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
Total Pages: 305
Release: 2017-02-15
Genre: Law
ISBN: 0190642726

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Fair and Equitable Treatment

Fair and Equitable Treatment
Author: United Nations Conference on Trade and Development
Publisher:
Total Pages: 0
Release: 2012
Genre: Discrimination
ISBN: 9789211128277

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

A Theory of Justice

A Theory of Justice
Author: John RAWLS
Publisher: Harvard University Press
Total Pages: 624
Release: 2009-06-30
Genre: Philosophy
ISBN: 0674042603

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Judicial Acts and Investment Treaty Arbitration

Judicial Acts and Investment Treaty Arbitration
Author: Berk Demirkol
Publisher: Cambridge University Press
Total Pages: 291
Release: 2018-01-11
Genre: Law
ISBN: 1107198461

A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

John Rawls

John Rawls
Author: Thomas Pogge
Publisher: Oxford University Press, USA
Total Pages: 245
Release: 2007
Genre: Biography & Autobiography
ISBN: 0195136365

This is a short, accessible introduction to John Rawls' thought and gives a thorough and concise presentation of the main outlines of Rawls' theory as well as drawing links between Rawls' enterprise and other important positions in moral and political philosophy.

Comparative, International, and Global Justice

Comparative, International, and Global Justice
Author: Cyndi Banks
Publisher: SAGE Publications
Total Pages: 593
Release: 2015-09-23
Genre: Law
ISBN: 1506337279

Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.

The Thin Justice of International Law

The Thin Justice of International Law
Author: Steven R. Ratner
Publisher: Oxford University Press, USA
Total Pages: 497
Release: 2015
Genre: Law
ISBN: 0198704046

Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.

Criminal Justice

Criminal Justice
Author: Matthew Delisi
Publisher:
Total Pages: 0
Release: 2011-07-07
Genre: Law
ISBN: 9780757589355

"I sought to write a criminal justice textbook whose central theme showcases the ways that criminal justice systems operate according to the at time conflicting, and at times complementary, goals of crime control and due process. With these models in mind, students can learn that the police, courts, and correctional systems can: strive toward the goal of repressing crime or ensuring procedural safeguards, focus on police power or judicial oversight, operate with efficiency and finality or skepticism and deliberation, employ a law and order or civil libertarian mentality, operate with a presumption of guilt or a presumption of innocence, be likened to an assembly line or obstacle course, appear to be conservative or liberal. Using Packer's classic formulation of the criminal justice system, Criminal Justice: Balancing Crime Control and Due Process (3rd Edition) can help students improve their critical thinking skills and evaluate why criminal justice practitioners make the decisions they do when processing criminal offenders. It is my hope that the crime control and due process models will help students organize and understand criminal justice as a system that is often characterize as decentralized, disorganized, and even chaotic."--Xiii, (Preface).