Seeking Justice In International Law
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Author | : Mauro Barelli |
Publisher | : Routledge |
Total Pages | : 229 |
Release | : 2016-04-14 |
Genre | : Law |
ISBN | : 1317332172 |
Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.
Author | : Mauro Barelli |
Publisher | : Routledge |
Total Pages | : 207 |
Release | : 2016-04-14 |
Genre | : Law |
ISBN | : 1317332180 |
Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.
Author | : Jeff Handmaker |
Publisher | : Cambridge University Press |
Total Pages | : 265 |
Release | : 2019 |
Genre | : History |
ISBN | : 1108497942 |
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
Author | : Graham B. Cox |
Publisher | : University of Oklahoma Press |
Total Pages | : 460 |
Release | : 2019-09-12 |
Genre | : Law |
ISBN | : 0806165642 |
The Nuremberg War Crimes Trial has become a symbol of justice, the pivotal moment when the civilized world stood up for Europe’s Jews and, ultimately, for human rights. Yet the world, represented at the time by the Allied powers, almost did not stand up despite the magnitude of the horrors perpetrated by the Nazis. Seeking justice for the Holocaust had not been an automatic—or an obvious—mission for the Allies to pursue. In this book, Graham Cox recounts the remarkable negotiations and calculations that brought the United States and its allies to this point. At the center of this story is the collaboration between Franklin D. Roosevelt and Herbert C. Pell, Roosevelt’s appointee as U.S. representative to the United Nations War Crimes Commission, in creating an international legal protocol to prosecute Nazi officials for war crimes and genocide. Pell emerges here as an unheralded force in pursuing justice and in framing human rights as an international concern. The book also enlarges our perspective on Roosevelt’s policies regarding European Jews by revealing the depth of his commitment to postwar justice in the face of staunch opposition, even from some within his administration. What made the international effort especially contentious was a debate over its focus—how to punish for aggressive warfare and crimes against humanity. Cox exposes the internal contradictions and contortions behind the U.S. position and the maneuverings of numerous officials negotiating the legal parameters of the trials. Most telling perhaps were the efforts of Robert H. Jackson, the chief U.S. prosecutor at Nuremberg, to circumscribe the scope of new international law—for fear of setting precedents that might boomerang on the United States because of its own racial segregation practices. With its broad new examination of the background and context of the Nuremberg trials, and its expanded view of the roles played by Roosevelt and his unlikely deputy Pell, Seeking Justice for the Holocaust offers a deeper and more nuanced understanding of how the Allies came to hold Nazis accountable for their crimes against humanity.
Author | : RACHEL M. MCCLEARY |
Publisher | : Routledge |
Total Pages | : 165 |
Release | : 2019-06-28 |
Genre | : |
ISBN | : 9780367287009 |
In just the past few years, both the theoretical importance and the practical necessity of ethical analyses in international affairs have become well established. In order to more closely examine particular ethical dilemmas, Rachel McCleary has put together a collection of carefully selected case studies illustrating the variety of ethical concerns that arise in international affairs. As in every volume in the Case Studies in International Affairs series, this volume opens with an introduction that gives students the philosophical background and theoretical framework they need to understand the cases that follow. Individual introductions to each case place the study in context relative to the other studies and to the overall theme of the volume. Discussion questions round out the treatment of the issues, prompting explorations beyond the cases themselves. The cases in Seeking Justice range from questions about the U.S. invasion of Panama to the withdrawal from Vietnam, from the uneven application of the Law of the Sea to the equally uneven distribution of trade favors emerging from the integration of the European Community. Considerations of economic justice are also the focus of a case on the IMF and Nigeria. A Brazilian case study brings together several issues implicit in the earlier cases-the nature of state sovereignty, the status of moral obligations and rights in the international arena, and the structural inequality of international regimes. This study shows how the issues of debt, development, and environment are integrally linked and pinpoints the kinds of ethical problems policymakers, experts, and theorists will be wrestling with in the near future. The cases have been selected and presented to help students identify the issues and make connections between disparate sets of circumstances without spoonfeeding interpretation or analysis. Rachel McCleary skillfully presents the spectrum of ethical questions posed by international events and reveals the dialectical interplay among them.
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.
Author | : Holly Cullen |
Publisher | : BRILL |
Total Pages | : 407 |
Release | : 2020-12-15 |
Genre | : Law |
ISBN | : 9004372490 |
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Author | : Stephen M. Schwebel |
Publisher | : Cambridge University Press |
Total Pages | : 658 |
Release | : 1994-06-09 |
Genre | : Law |
ISBN | : 9780521462846 |
Articles and commentaries examining the performance and capacity of the International Court of Justice, aspects of international arbitration, and the unlawful use of force amongst other salient issues.
Author | : Jeffrey Davis |
Publisher | : Cambridge University Press |
Total Pages | : 257 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0521514363 |
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 | : Jan Paulsson |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2005-10-06 |
Genre | : Law |
ISBN | : 1139448285 |
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.