Justiciability of Human Rights Law in Domestic Jurisdictions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Justiciability of Human Rights Law in Domestic Jurisdictions write by Alice Diver. This book was released on 2015-12-15. Justiciability of Human Rights Law in Domestic Jurisdictions available in PDF, EPUB and Kindle. This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
Judging International Human Rights
Judging International Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Human Rights write by Stefan Kadelbach. This book was released on 2019-04-15. Judging International Human Rights available in PDF, EPUB and Kindle. This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Enforcing International Human Rights in Domestic Courts
Enforcing International Human Rights in Domestic Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Enforcing International Human Rights in Domestic Courts write by Benedetto Conforti. This book was released on 2021-09-27. Enforcing International Human Rights in Domestic Courts available in PDF, EPUB and Kindle. The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Hierarchy in International Law
Hierarchy in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Hierarchy in International Law write by Erika De Wet. This book was released on 2012-03. Hierarchy in International Law available in PDF, EPUB and Kindle. The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.
The International Dimension of Human Rights
The International Dimension of Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The International Dimension of Human Rights write by Claudia Martin. This book was released on 2001-01-01. The International Dimension of Human Rights available in PDF, EPUB and Kindle. The International Dimension of Human Rights includes extracts of judgments, reports and opinions of international supervisory organs and domestic judicial tribunals, as well as the work of scholars in this subject. This casebook has been divided into seven chapters that deal with the following topics: basic notions of international law; the relationship between international law and domestic law; the right to an effective remedy; the right to liberty and security of persons and the right not to be tortured; the right to a fair trial; economic, social and cultural rights; and other aspects of international protection of human rights, such as the rights of women, the rights of indigenous peoples and environmental rights. The casebook also includes the most relevant international treaties on human rights adopted by the Inter-American, universal and European systems.
