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The U S Supreme Court And The Domestic Force Of International Human Rights Law

Author: Stephen A. Simon
Publisher: Lexington Books
ISBN: 1498534716
Size: 41.28 MB
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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.

Universal Rights And The Constitution

Author: Stephen A. Simon
Publisher: SUNY Press
ISBN: 1438451857
Size: 60.98 MB
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Innovative examination of the tensions between universal and more uniquely American definitions of cherished rights. Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.

The Law Of Armed Conflict And The Use Of Force

Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 0198784627
Size: 25.56 MB
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This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

Human Rights Legitimacy And The Use Of Force

Author: Allen Buchanan
Publisher: Oxford University Press
ISBN: 0199889228
Size: 46.69 MB
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The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.

Globalizing Justice

Author: Donald W. Jackson
Publisher: SUNY Press
ISBN: 143843071X
Size: 33.88 MB
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Essays assessing the impact of globalization on law and court systems across the world.

Judicial Dialogue And Human Rights

Author: Amrei Müller
Publisher: Cambridge University Press
ISBN: 1107173582
Size: 54.26 MB
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This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.

Socializing States

Author: Ryan Goodman
Publisher: Oxford University Press
ISBN: 0199300992
Size: 63.36 MB
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This book argues for a greater specification of how international law influences relevant actors to improve human rights. It argues that states are influenced via general social processes such as cultural contagion, identification, and mimicry. These processes occasion a rethinking of fundamental regime design problems in human rights law.

Human Rights In Labor And Employment Relations

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 9780913447987
Size: 29.72 MB
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The concept of human rights at work has advanced significantly in the last decade. The authors of the essays in Human Rights in Labor and Employment Relations focus in various ways on how the promotion and protection of human rights at workplaces here and around the world posit a new set of values and approaches that challenge every orthodoxy in the employment relations field, every practice and rule based in that orthodoxy, and even the underlying premises and intellectual foundations of contemporary labor and employment systems. The authors constitute a diverse and accomplished group of human rights activists, practitioners, and scholars. Implementing the theme of the volume, they address a wide range of important subjects: worker health and safety, child labor, worker freedom of association, migrant and forced labor, the human rights obligations of employers, workplace discrimination, and workers with disabilities. The authors also discuss the implications of their findings for labor and employment research and, where relevant, make pragmatic proposals for change. Contributors: Susanne M. Bruyére, Cornell University; Lance Compa, Cornell University; James A. Gross, Cornell University; Jeffrey Hilgert, Cornell University; Barbara Murray, International Labour Organization; Tonia Novitz, University of Bristol; Maria L. Ontiveros, University of San Francisco Law School; Edward E. Potter, Director of Global Workplace Rights, Coca-Cola Company and U.S. Employer Delegate, International Labour Organization Conference; Marika McCauley Sine, Global Stakeholder Engagement Manager, Coca-Cola Company; Rebecca Smith, National Employment Law Project; Burns H. Weston, University of Iowa