Private Law Remedies For Extraterritorial Human Rights Violations
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Global Justice, State Duties
Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 497 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107012775 |
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Jurisdiction in International Law
Author | : Cedric Ryngaert |
Publisher | : |
Total Pages | : 273 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Research Handbook on Unilateral and Extraterritorial Sanctions
Author | : Beaucillon, Charlotte |
Publisher | : Edward Elgar Publishing |
Total Pages | : 512 |
Release | : 2021-08-27 |
Genre | : Law |
ISBN | : 1839107855 |
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Extraterritorial Application of Human Rights Treaties
Author | : Fons Coomans |
Publisher | : Intersentia nv |
Total Pages | : 295 |
Release | : 2004 |
Genre | : Exterritoriality |
ISBN | : 9050953948 |
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
The right to a remedy and to reparation for gross human rights violations : a practitioners' guide
Author | : Cordula Dröge |
Publisher | : |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Government liability (International law) |
ISBN | : 9789290371069 |
Guiding Principles on Business and Human Rights
Author | : United Nations. Office of the High Commissioner for Human Rights |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Political Science |
ISBN | : 9789211542011 |
"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.
Application of Foreign Law
Author | : Carlos Esplugues Mota |
Publisher | : Walter de Gruyter |
Total Pages | : 445 |
Release | : 2011-03-30 |
Genre | : Law |
ISBN | : 3866539126 |
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
State Immunity in International Law
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Extracting Accountability from Non-State Actors in International Law
Author | : Lee James McConnell |
Publisher | : Taylor & Francis |
Total Pages | : 297 |
Release | : 2016-11-10 |
Genre | : Law |
ISBN | : 1317220579 |
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.