Litigating Rights

Author : Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Publisher : BRILL
Page : 295 pages
File Size : 49,9 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004461666

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Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin Pdf

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Author : Alicia Ely Yamin
Publisher : Harvard University Press
Page : 128 pages
File Size : 51,9 Mb
Release : 2011-09-12
Category : Law
ISBN : 9780986106200

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Litigating Health Rights by Alicia Ely Yamin Pdf

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

Author : Grant Huscroft,Paul Rishworth
Publisher : Bloomsbury Publishing
Page : 364 pages
File Size : 46,6 Mb
Release : 2002-01-23
Category : Law
ISBN : 9781847310729

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Litigating Rights by Grant Huscroft,Paul Rishworth Pdf

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

Author : Ton Liefaard,Jaap E. Doek
Publisher : Springer
Page : 277 pages
File Size : 43,5 Mb
Release : 2014-09-29
Category : Social Science
ISBN : 9789401794459

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Litigating the Rights of the Child by Ton Liefaard,Jaap E. Doek Pdf

This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.

Author : Richard Meeran,Jahan Meeran
Publisher : Oxford University Press
Page : 385 pages
File Size : 44,8 Mb
Release : 2021
Category : Law
ISBN : 9780198866220

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Human Rights Litigation Against Multinationals in Practice by Richard Meeran,Jahan Meeran Pdf

This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.

Author : John Borrows,Michael Coyle
Publisher : University of Toronto Press
Page : 439 pages
File Size : 46,5 Mb
Release : 2017-01-01
Category : Political Science
ISBN : 9781442630215

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The Right Relationship by John Borrows,Michael Coyle Pdf

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.

Author : Natalie Klein,Natalie S. Klein
Publisher : Cambridge University Press
Page : 533 pages
File Size : 40,9 Mb
Release : 2014-04-10
Category : Law
ISBN : 9781107017061

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Litigating International Law Disputes by Natalie Klein,Natalie S. Klein Pdf

This book examines why states resort to international adjudication or arbitration for the resolution of their disputes.

Author : Eric H. Reiter
Publisher : University of Toronto Press
Page : 502 pages
File Size : 50,6 Mb
Release : 2019
Category : Liability for emotional distress
ISBN : 9781487506551

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Wounded Feelings by Eric H. Reiter Pdf

Wounded Feelings explores how people brought stories of emotional injury like betrayal, grief, humiliation, and anger before the Quebec courts from 1870 to 1950, and how lawyers and judges translated those feelings into the rational language of law.

Author : Howard M. Wasserman
Publisher : Carolina Academic Press LLC
Page : 0 pages
File Size : 49,5 Mb
Release : 2018
Category : Civil procedure
ISBN : 1531003664

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Understanding Civil Rights Litigation by Howard M. Wasserman Pdf

This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material. The new edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief. Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation. All topics and sub-topics include "Puzzles," short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.

Author : Craig Martin Scott
Publisher : Bloomsbury Publishing
Page : 500 pages
File Size : 46,8 Mb
Release : 2001-05-22
Category : Law
ISBN : 9781847316806

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Torture as Tort by Craig Martin Scott Pdf

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.

Author : Jolene Lin,Douglas A. Kysar
Publisher : Cambridge University Press
Page : 445 pages
File Size : 43,6 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108478465

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Climate Change Litigation in the Asia Pacific by Jolene Lin,Douglas A. Kysar Pdf

Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.

Author : Thomas F. Burke
Publisher : Univ of California Press
Page : 279 pages
File Size : 40,5 Mb
Release : 2002
Category : Law
ISBN : 9780520243231

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Lawyers, Lawsuits, and Legal Rights by Thomas F. Burke Pdf

"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 1611634164

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The New Frontiers of Civil Rights Litigation by Anonim Pdf

Author : Christopher McCrudden
Publisher : Oxford University Press
Page : 174 pages
File Size : 50,7 Mb
Release : 2018-01-19
Category : Law
ISBN : 9780191076862

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Litigating Religions by Christopher McCrudden Pdf

Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings.

Author : Mark Gibney,Wouter Vandenhole
Publisher : Routledge
Page : 385 pages
File Size : 54,5 Mb
Release : 2013-10-30
Category : Law
ISBN : 9781135121051

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Litigating Transnational Human Rights Obligations by Mark Gibney,Wouter Vandenhole Pdf

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.