International Law and Fact-Finding in the Field of Human Rights
Author | : Bertie G. Ramcharan |
Publisher | : BRILL |
Total Pages | : 269 |
Release | : 2021-10-18 |
Genre | : Law |
ISBN | : 9004482288 |
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Author | : Bertie G. Ramcharan |
Publisher | : BRILL |
Total Pages | : 269 |
Release | : 2021-10-18 |
Genre | : Law |
ISBN | : 9004482288 |
Author | : Philip Alston |
Publisher | : Oxford University Press |
Total Pages | : 577 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0190239492 |
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
Author | : Molly K. Land |
Publisher | : Cambridge University Press |
Total Pages | : 333 |
Release | : 2018-04-19 |
Genre | : Computers |
ISBN | : 1107179637 |
Provides a roadmap for understanding the relationship between technology and human rights law and practice. This title is also available as Open Access.
Author | : Sam Dubberley |
Publisher | : |
Total Pages | : 385 |
Release | : 2020 |
Genre | : History |
ISBN | : 0198836066 |
This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization.
Author | : Torsten Stirner |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 520 |
Release | : 2021-07-15 |
Genre | : Law |
ISBN | : 9004463135 |
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Author | : Bertie G. Ramcharan |
Publisher | : BRILL |
Total Pages | : 383 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482296 |
Author | : Gerald Steinberg |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 224 |
Release | : 2012-03-02 |
Genre | : Law |
ISBN | : 9004218122 |
This work outlines available resources and proposed standards for international NGO fact-finding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in contrast with contexts where NGOs have achieved consensus. Chapter Three surveys proposed guidelines for human rights and humanitarian NGOs. In addition, this section examines United Nations fact-finding standards, as well as examples of internal fact-finding standards for major NGOs. Chapter Four analyzes the fact-finding standards used in five specific cases: the International Crisis Group (Kosovo, 1999), the Independent International Fact-Finding Mission on the Conflict in Georgia (Georgia, 2008), United Nations Office of the High Commissioner for Human Rights Mapping Exercise on the Democratic Republic of Congo (1993-2003), Conflict Analysis Resource Center/University London study on Amnesty International and Human Rights Watch (Colombia, 1988-2004), and Human Rights Watch (Lebanon, 2006). The final chapter offers conclusions and recommendations.
Author | : James Gerard Devaney |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2016-09-29 |
Genre | : Law |
ISBN | : 1316720896 |
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
Author | : Michelle T. Grando |
Publisher | : Oxford University Press |
Total Pages | : 446 |
Release | : 2009-12-24 |
Genre | : Law |
ISBN | : 019957264X |
This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
Author | : |
Publisher | : Springer Nature |
Total Pages | : 1625 |
Release | : 2023-02-15 |
Genre | : Political Science |
ISBN | : 3319743198 |
This encyclopedia provides an authoritative guide intended for students of all levels of studies, offering multidisciplinary insight and analysis of over 500 headwords covering the main concepts of Security and Non-traditional Security, and their relation to other scholarly fields and aspects of real-world issues in the contemporary geopolitical world.