Sustainable Development, International Criminal Justice, and Treaty Implementation

Sustainable Development, International Criminal Justice, and Treaty Implementation
Author: Sébastien Jodoin
Publisher: Cambridge University Press
Total Pages: 393
Release: 2013-06-24
Genre: Law
ISBN: 1107245060

Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.

Treaty Justice

Treaty Justice
Author: Charles Wilkinson
Publisher: University of Washington Press
Total Pages: 378
Release: 2023-12-24
Genre: History
ISBN: 0295752734

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. Like Brown v. Board of Education, the case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the dramatic story of the Boldt Decision against the backdrop of salmon’s central place in the cultures and economies of the Pacific Northwest. In the 1960s, Native people reasserted their fishing rights as delineated in nineteenth-century treaties. In response, state officials worked with non-Indian commercial and sport fishing interests to forcefully—and often violently—oppose Native actions. These “fish wars” spurred twenty tribes and the US government to file suit in federal court. Moved by the testimony of tribal leaders and other experts, Boldt pointedly waited until Lincoln’s birthday to hand down a decision recognizing the tribes’ right to half of the state’s fish. The case’s long aftermath led from the Supreme Court’s affirmation of Boldt’s opinion to collaborative management of the harvest of salmon and other marine resources. Expert and compelling, Treaty Justice weaves personalities and local detail into the definitive account of one of the twentieth century’s most important civil rights cases.

Supreme Law of the Land?

Supreme Law of the Land?
Author: Gregory H. Fox
Publisher: Cambridge University Press
Total Pages: 517
Release: 2017-09-21
Genre: Law
ISBN: 1108546269

How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.

Messages from Frank's Landing

Messages from Frank's Landing
Author: Charles Wilkinson
Publisher: University of Washington Press
Total Pages: 130
Release: 2006-01-13
Genre: History
ISBN: 9780295985930

"Billy Frank, Jr., has been celebrated as a visionary, but if we go deeper and truer, we learn that he is best understood as a plainspoken bearer of traditions, a messenger, passing along messages from his father, from his grandfather, from those further back, from all Indian people, really. They are messages about the natural world, about societies past, about this society, and about societies to come. When examined rigorously - not out of any romanticism but only out of our own enlightened self-interest - these messages can be of great practical use to us in this and future years." - Charles Wilkinson, from the Introduction In 1974 Federal Judge George H. Boldt issued one of the most sweeping rulings in the history of the Pacific Northwest, affirming the treaty rights of Northwest tribal fishermen and allocating to them 50 percent of the harvestable catch of salmon and steelhead. Among the Indians testifying in Judge Boldt's courtroom were Nisqually tribal leader Billy Frank, Jr., and his 95-year-old father, whose six acres along the Nisqually River, known as Frank's Landing, had been targeted for years by state game wardens in the so-called Fish Wars. By the 1960s the Landing had become a focal point for the assertion of tribal treaty rights in the Northwest. It also lay at the moral center of the tribal sovereignty movement nationally. The confrontations at the Landing hit the news and caught the conscience of many. Like the schoolhouse steps at Little Rock, or the bridge at Selma, Frank's Landing came to signify a threshold for change, and Billy Frank, Jr., became a leading architect of consensus, a role he continues today as one of the most colorful and accomplished figures in the modern history of the Pacific Northwest. In Messages from Frank's Landing, Charles Wilkinson explores the broad historical, legal, and social context of Indian fishing rights in the Pacific Northwest, providing a dramatic account of the people and issues involved. He draws on his own decades of experience as a lawyer working with Indian people, and focuses throughout on Billy Frank and the river flowing past Frank's Landing. In all aspects of Frank's life as an activist, from legal settlements negotiated over salmon habitats destroyed by hydroelectric plants, to successful negotiations with the U.S. Army for environmental protection of tribal lands, Wilkinson points up the significance of the traditional Indian world view - the powerful and direct legacy of Frank's father, conveyed through generations of Indian people who have crafted a practical working philosophy and a way of life. Drawing on many hours spent talking and laughing with Billy Frank while canoeing the Nisqually watershed, Wilkinson conveys words of respect and responsibility for the earth we inhabit and for the diverse communities the world encompasses. These are the messages from Frank's Landing. Wilkinson brings welcome clarity to complex legal issues, deepening our insight into a turbulent period in the political and environmental history of the Northwest. "The Boldt decision profoundly changed natural resource management in the Pacific Northwest. This book clearly builds an historical base to help guide us today. The wisdom and patience of Billy Frank fill virtually every page. It is required reading for anyone interested in salmon preservation." - Governor Daniel J. Evans "Charles Wilkinson evokes the character and culture of the Nisqually people as well as their deep love for their land. From Chief Leschi to Billy Frank, we see the long thread of cultural continuity, culminating in modern times with this fight for justice." - Ada Deer (Menominee), University of Wisconsin-Madison Charles Wilkinsonis Moses Lasky Professor of Law at the University of Colorado, Boulder. He is the author ofFire on the Plateau: Conflict and Endurance in the American Southwestand numerous other books, including standard texts on Indian and Federal public land law.

Covered with Night: A Story of Murder and Indigenous Justice in Early America

Covered with Night: A Story of Murder and Indigenous Justice in Early America
Author: Nicole Eustace
Publisher: Liveright Publishing
Total Pages: 467
Release: 2021-04-27
Genre: History
ISBN: 1631495887

WINNER • 2022 PULITZER PRIZE IN HISTORY Finalist • National Book Award for Nonfiction Best Books of the Year • TIME, Smithsonian, Boston Globe, Kirkus Reviews The Pulitzer Prize-winning history that transforms a single event in 1722 into an unparalleled portrait of early America. In the winter of 1722, on the eve of a major conference between the Five Nations of the Haudenosaunee (also known as the Iroquois) and Anglo-American colonists, a pair of colonial fur traders brutally assaulted a Seneca hunter near Conestoga, Pennsylvania. Though virtually forgotten today, the crime ignited a contest between Native American forms of justice—rooted in community, forgiveness, and reparations—and the colonial ideology of harsh reprisal that called for the accused killers to be executed if found guilty. In Covered with Night, historian Nicole Eustace reconstructs the attack and its aftermath, introducing a group of unforgettable individuals—from the slain man’s resilient widow to an Indigenous diplomat known as “Captain Civility” to the scheming governor of Pennsylvania—as she narrates a remarkable series of criminal investigations and cross-cultural negotiations. Taking its title from a Haudenosaunee metaphor for mourning, Covered with Night ultimately urges us to consider Indigenous approaches to grief and condolence, rupture and repair, as we seek new avenues of justice in our own era.

The Jay Treaty

The Jay Treaty
Author: Jerald A. Combs
Publisher: Univ of California Press
Total Pages: 266
Release: 2023-11-10
Genre: Political Science
ISBN: 0520334809

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1970.

Charter of the United Nations and Statute of the International Court of Justice

Charter of the United Nations and Statute of the International Court of Justice
Author: United Nations
Publisher: UN
Total Pages: 112
Release: 2015-08-30
Genre: Political Science
ISBN: 9789210016513

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.