Seeking Justice in International Law

Seeking Justice in International Law
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.

Mobilising International Law for 'Global Justice'

Mobilising International Law for 'Global Justice'
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.

Seeking Justice in International Law

Seeking Justice in International Law
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.

Seeking Justice for the Holocaust

Seeking Justice for the Holocaust
Author: Graham B. Cox
Publisher: University of Oklahoma Press
Total Pages: 485
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.

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.

Justice for Some

Justice for Some
Author: Noura Erakat
Publisher: Stanford University Press
Total Pages: 405
Release: 2019-04-23
Genre: History
ISBN: 1503608832

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Bringing International Fugitives to Justice

Bringing International Fugitives to Justice
Author: David A. Sadoff
Publisher: Cambridge University Press
Total Pages: 725
Release: 2016-12-24
Genre: Law
ISBN: 1107129281

A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.

Access to Justice and International Organisations

Access to Justice and International Organisations
Author: Rishi Gulati
Publisher: Cambridge University Press
Total Pages: 255
Release: 2022-03-17
Genre: Law
ISBN: 1108837549

This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.

Denial of Justice in International Law

Denial of Justice in International Law
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.

Getting Justice and Getting Even

Getting Justice and Getting Even
Author: Sally Engle Merry
Publisher: University of Chicago Press
Total Pages: 238
Release: 1990-05-15
Genre: Law
ISBN: 0226520692

Ordinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy city courthouses, in the offices of court clerks, and in the church parlors used by mediation programs. Getting Justice and Getting Even concerns the legal consciousness of working class Americans and their experiences with court and mediation. Following cases into and through the courts, Sally Engle Merry provides an ethnographic study of local law and of the people who use it in a New England city. The litigants, primarily white, native-born, and working class, go to court because as part of mainstream America they feel entitled to use its legal system. Although neither powerful nor highly educated, they expect the law's support when they face intolerable infringements of their rights, privacy, and safety. Yet as personal problems enter the legal system and move through mediation sessions, clerk's hearings, and prosecutor's conferences, the citizen plaintiff rapidly loses control of the process. Court officials and mediators interpret and characterize the meaning of these experiences, reframing and categorizing them in different discourses. Some plaintiffs yield to these interpretations, but others resist, struggling to assert their own version of the problem. Ultimately, Merry exposes the paradox of legal entitlement. While going to court allows an individual to dominate domestic relationships, the litigant must increasingly yield control of the situation to the court that supplies that power.