International Human Rights Litigation In United States Courts

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International Human Rights Litigation in United States Courts

Author : Beth Stephens
Publisher : BRILL
Page : 655 pages
File Size : 55,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781571053534

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International Human Rights Litigation in United States Courts by Beth Stephens Pdf

Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.

International Human Rights Litigation: A Guide for Judges

Author : Federal Judicial Center
Publisher : Government Printing Office
Page : 192 pages
File Size : 52,7 Mb
Release : 2017-03-17
Category : Law
ISBN : 0160937043

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International Human Rights Litigation: A Guide for Judges by Federal Judicial Center Pdf

The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. In the common vernacular, the phrase "human rights" often is construed broadly to encompass many forms of civil rights and constitutional claims. The focus here is narrower. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law. Related products: Find more resources about Human Rights here: https: //bookstore.gpo.gov/catalog/human-rights

Judging International Human Rights

Author : Stefan Kadelbach,Thilo Rensmann,Eva Rieter
Publisher : Springer
Page : 663 pages
File Size : 51,6 Mb
Release : 2019-04-15
Category : Law
ISBN : 9783319948485

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Judging International Human Rights by Stefan Kadelbach,Thilo Rensmann,Eva Rieter Pdf

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.

International Human Rights and Humanitarian Law

Author : Francisco Forrest Martin,Stephen J. Schnably,Richard Wilson,Jonathan Simon,Mark Tushnet
Publisher : Cambridge University Press
Page : 1028 pages
File Size : 40,8 Mb
Release : 2006-01-16
Category : Political Science
ISBN : 1139448935

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International Human Rights and Humanitarian Law by Francisco Forrest Martin,Stephen J. Schnably,Richard Wilson,Jonathan Simon,Mark Tushnet Pdf

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

International Human Rights

Author : Hurst Hannum,S. James Anaya,Dinah L. Shelton,Rosa Celorio
Publisher : Aspen Publishing
Page : 963 pages
File Size : 50,5 Mb
Release : 2023-04-01
Category : Law
ISBN : 9781543826715

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International Human Rights by Hurst Hannum,S. James Anaya,Dinah L. Shelton,Rosa Celorio Pdf

International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of historical developments in human rights as well as modern issues and conflicts. Thoroughly updated text that includes new documents and jurisprudence, as well as recent scholarship. Exposition of the interrelationship between human rights and international humanitarian law and international criminal law. Updated examination of the domestic enforcement of international human rights law.

World Justice?

Author : Mark Gibney
Publisher : Routledge
Page : 160 pages
File Size : 46,5 Mb
Release : 2021-11-18
Category : Political Science
ISBN : 9781000010985

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World Justice? by Mark Gibney Pdf

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

Enforcing International Human Rights in Domestic Courts

Author : Benedetto Conforti,Francesco Francioni
Publisher : BRILL
Page : 485 pages
File Size : 47,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481701

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Enforcing International Human Rights in Domestic Courts by Benedetto Conforti,Francesco Francioni Pdf

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.

The U.S. Supreme Court and the Domestic Force of International Human Rights Law

Author : Stephen A. Simon
Publisher : Lexington Books
Page : 254 pages
File Size : 53,5 Mb
Release : 2016-07-25
Category : Political Science
ISBN : 9781498534710

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The U.S. Supreme Court and the Domestic Force of International Human Rights Law by Stephen A. Simon Pdf

This book examines the debate over the domestic force of international human rights law through the U.S. Supreme Court’s jurisprudence. By approaching the topic from the justices’ vantage point, the analysis shows how multiple controversies are linked to the same overarching question and reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.

Foreign Affairs Litigation in United States Courts

Author : John Norton Moore
Publisher : Martinus Nijhoff Publishers
Page : 238 pages
File Size : 50,7 Mb
Release : 2013-09-12
Category : Law
ISBN : 9789004257283

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Foreign Affairs Litigation in United States Courts by John Norton Moore Pdf

Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.

International Law in the US Legal System

Author : Curtis A. Bradley
Publisher : Oxford University Press, USA
Page : 409 pages
File Size : 52,8 Mb
Release : 2020
Category : Law
ISBN : 9780197525609

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International Law in the US Legal System by Curtis A. Bradley Pdf

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

Justice Across Borders

Author : Jeffrey Davis
Publisher : Cambridge University Press
Page : 298 pages
File Size : 48,5 Mb
Release : 2008-06-02
Category : Political Science
ISBN : 9781139472456

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Justice Across Borders by Jeffrey Davis Pdf

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

Corporations and Transnational Human Rights Litigation

Author : Sarah Joseph
Publisher : Hart Publishing
Page : 190 pages
File Size : 49,5 Mb
Release : 2004-08
Category : Business & Economics
ISBN : 9781841134574

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Corporations and Transnational Human Rights Litigation by Sarah Joseph Pdf

This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.

Torture as Tort

Author : Craig M. Scott
Publisher : Hart Publishing
Page : 776 pages
File Size : 47,9 Mb
Release : 2001-05
Category : Law
ISBN : 9781841130606

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Torture as Tort by Craig M. Scott Pdf

The catalyst for this volume was a request to Scott (York U. Law School, Toronto) from Sudanese exiles for advice on transnational avenues for seeking justice against members of their government. The 26 contributions address the frames and foundations of human rights cases; jurisdiction and immunity; choice of law and causes of action; evolving international law on recourse against non-state actors; legitimacy, intervention, and forging of national histories; and the borders of tort theory. Includes tables of cases and legislation. Appends the UN Convention Against Torture, the US code on Alien Tort Claims and Torture Victims Protection Act, provisions of Private International Law (UK, 1995), and an update on developments related to the discussion of the Pinochet case. Distributed in the US by ISBS. c. Book News Inc.