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Author : Bertie G. Ramcharan
Publisher : BRILL
Page : 269 pages
File Size : 52,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004482289
Author : Philip Alston,Sarah Knuckey
Publisher : Oxford University Press
Page : 577 pages
File Size : 41,9 Mb
Release : 2016
Category : Law
ISBN : 9780190239497
This work offers a multidisciplinary approach to the study of fact-finding, including rigorous and critical analysis of the field of practice, as well as providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field.
Author : James Gerard Devaney
Publisher : Cambridge University Press
Page : 307 pages
File Size : 47,8 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107142213
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Author : Rob Grace,Claude Bruderlein,Program on Humanitarian Policy and Conflict Research
Publisher : Cambridge University Press
Page : 343 pages
File Size : 55,8 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781107164475
This book offers a portrait of the practice of monitoring, reporting, and fact-finding in the domain of human rights, international humanitarian law, and international criminal law. By analyzing the experiences of fifteen missions implemented over the course of the past decade, the book illuminates the key issues that these missions face and offers a roadmap for practitioners working on future missions. This book is the result of a five-year research study led by the Program on Humanitarian Policy and Conflict Research at Harvard University, Massachusetts. Based on extensive interviews conducted with fact-finding practitioners, this book consists of two parts. Part I offers a handbook that details methodological considerations for the design and implementation of fact-finding missions and commissions of inquiry. Part II - which consists of chapters written by scholars and practitioners - presents a more in-depth, scholarly examination of past fact-finding practices.
Author : Hans Thoolen,Berth Verstappen
Publisher : BRILL
Page : 192 pages
File Size : 46,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482340
Author : Torsten Stirner
Publisher : Martinus Nijhoff Publishers
Page : 520 pages
File Size : 41,9 Mb
Release : 2021-07-15
Category : Law
ISBN : 9789004463134
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Author : Gerald Steinberg,Anne Herzberg,Jordan Berman
Publisher : Martinus Nijhoff Publishers
Page : 224 pages
File Size : 53,7 Mb
Release : 2012-03-02
Category : Law
ISBN : 9789004218123
This work outlines available resources and proposed standards for international NGO fact-finding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in contrast with contexts where NGOs have achieved consensus. Chapter Three surveys proposed guidelines for human rights and humanitarian NGOs. In addition, this section examines United Nations fact-finding standards, as well as examples of internal fact-finding standards for major NGOs. Chapter Four analyzes the fact-finding standards used in five specific cases: the International Crisis Group (Kosovo, 1999), the Independent International Fact-Finding Mission on the Conflict in Georgia (Georgia, 2008), United Nations Office of the High Commissioner for Human Rights Mapping Exercise on the Democratic Republic of Congo (1993-2003), Conflict Analysis Resource Center/University London study on Amnesty International and Human Rights Watch (Colombia, 1988-2004), and Human Rights Watch (Lebanon, 2006). The final chapter offers conclusions and recommendations.
Author : Molly K. Land,Jay D. Aronson
Publisher : Cambridge University Press
Page : 333 pages
File Size : 45,7 Mb
Release : 2018-04-19
Category : Computers
ISBN : 9781107179639
Provides a roadmap for understanding the relationship between technology and human rights law and practice. This title is also available as Open Access.
Author : United Nations Publications
Publisher : Unknown
Page : 124 pages
File Size : 43,5 Mb
Release : 2019-04-17
Category : Human rights
ISBN : 9211542278
United Nations Commissions of Inquiry (CoIs), Fact-Finding Missions (FFMs) and similar complex human rights investigations are regularly, and with increasing frequency, called upon to "identify those responsible" for violations and crimes falling within their mandate. Yet identifying responsible parties poses complex legal and methodological challenges. Despite variations in mandate language, applicable legal regimes, political context, membership, timing and budgets, the practice of CoIs, FFMs and similar complex investigations is developing in this area. OHCHR has a wealth of institutional experience in human rights field investigations where the identification of allegedly responsible individuals is a regular feature. This guidance draws upon that practice and presents it together with a discussion on key policy issues, namely the collection and analysis of information on responsible individuals, and the legal and investigative challenges involved; and the management of information once collected, including maximizing its use (by reporting, sharing and safeguarding it). The publication builds on OHCHR's existing guidance and practice for CoIs, FFMs and other investigations and sets out both the minimum steps that all investigative bodies should complete as well as additional measures that can and should be taken where feasible. This information is complemented by Recommendations or a Summary of key guidance on the points raised.
Author : Bertie G. Ramcharan
Publisher : BRILL
Page : 383 pages
File Size : 45,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482296
Author : Mahnoush H. Arsanjani,Jacob Cogan,Robert Sloane,Siegfried Wiessner
Publisher : BRILL
Page : 1118 pages
File Size : 51,6 Mb
Release : 2010-10-25
Category : Law
ISBN : 9789047427070
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
Author : Morten Bergsmo,Carsten Stahn
Publisher : Torkel Opsahl Academic Epublisher
Page : 650 pages
File Size : 46,9 Mb
Release : 2020-07-23
Category : Law
ISBN : 8283481355
This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international(ised) and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGO fact-finding. They are analysed and assessed in detail by 22 authors under the common theme 'Quality Control in Fact-Finding'. The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassée, WU Xiaodan, Dan Saxon, Christopher B. Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. This Second Edition includes new chapters by Geoffrey Robertson QC, Emma Irving and William H. Wiley, as well as a new foreword by Mads Andenæs. The book considers how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present and disseminate facts. Emphasis is placed on the nourishment of an individual mindset and institutional culture of quality control. This book concerns fact-work outside criminal justice systems. It is supplemented by Quality Control in Preliminary Examination: Volumes 1 and 2 and Quality Control in Criminal Investigation in the same Series.
Author : Christian Henderson
Publisher : Bloomsbury Publishing
Page : 391 pages
File Size : 44,8 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781782258766
A functional typology of commissions of inquiry / Patrick Butchard and Christian Henderson -- Hegemony and counter-hegemony : the politics of establishing United Nations commissions of inquiry / Michelle Farrell and Ben Murphy -- Lessons from two regional missions : fact-finding in Georgia and South Sudan / Rob Grace -- Domestic commissions of inquiry and international law : the importance of normative authority / Stephen Samuel and James A. Green -- Commissions of inquiry and traditional mechanisms of dispute settlement / Alexander Orakhelashvili -- Commissions of inquiry : courting international courts and tribunals / Christine Schwèobel-Patel -- The impact of international commissions of inquiry on the proceedings before the International Criminal Court / Triestino Mariniello -- The interplay between international human rights law and international humanitarian law in the practice of commissions of inquiry / Marco Odello -- Laying the foundations : commissions of inquiry and the development of international law / Shane Darcy -- Quo vadis? Commissions of inquiry and their implications for the coherence of international law / Russell Buchan -- Selectivity and choices in human rights fact-finding : reconciling subjectivity with objectivity? / Thâeo Boutruche -- Commissions of inquiry and procedural fairness / Alison Bisset -- A visible college : the community of fact-finding practice / Corinne Heaven.
Author : Philip Alston
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2024-12
Category : Law
ISBN : 0197680127
Author : Sam Dubberley,Alexa Koenig,Daragh Murray
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 41,5 Mb
Release : 2020
Category : Law
ISBN : 9780198836063
This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization (éditeur).