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Developing a Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence
Author: Torsten Stirner
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.
This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.
An International Human Rights Analysis
This book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.
This volume in the Brill Research Perspectives in Comparative Discrimination Law compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution sex discrimination protection in human rights law in three treaty-bodies - the CEDAW Committee, the HRC and the CESCR. Second, it traces the development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, it compares the development of sex discrimination protection in international law with its development in the domestic laws of the three countries and analyses the implications of that comparison. Despite differences in the translation of international approaches to sex discrimination into domestic law and differences in social, political and cultural contexts, women appear to face similar limitations in accessing justice through sex discrimination frameworks.
Twenty-Five Years of Research on Global Governance
Volume Editors: Kurt Mills and Kendall Stiles
The journal Global Governance: A Review of Multilateralism was founded in 1995 and has since offered policy-relevant and theoretically advanced articles aimed at both academic and practitioner audiences. This collection presents some of the most significant pieces published in the journal, addressing topics ranging from human rights and peacekeeping to trade and development – often examining the evolution of the institutional arrangements themselves. Authors include senior UN officials, prominent scholars, and other careful students of international organization. By presenting these twenty-five articles – one from each year since the journal’s founding – in one volume (with an Introduction by by the two editors Kurt Mills and Kendall Stiles) we hope that the reader will be able to better appreciate the evolution of both global institutions and our thinking about them.

Contributors include: Kurt Mills, Kendall Stiles, James N. Rosenau, Inis L. Claude, Jr., David Held, Kofi Annan, Ngaire Woods, Craig Warkentin, Karen Mingst, John Gerard Ruggie, Peter M. Haas, Mats Berdal, Jessica Tuchman Mathews, Rosemary Foot, Michele M. Betsill, Harriet Bulkeley, Michael Barnett, Hunjoon Kim, Madalene O’Donnell, Laura Sitea, Claudia Pahl-Wostl, Joyeeta Gupta, Daniel Petry, Roger A. Coate, Andrea Birdsall, Gilles Carbonnier, Fritz Brugger, Jana Krause, Paul D. Williams, Alex J. Bellamy, John Karlsrud, Kathryn Sikkink, Mateja Peter, Gregory T. Chin, Matthew D. Stephen, Kjølv Egeland, Caroline Fehl, and Johannes Thimm.
Author: Jens Iverson
In Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of jus post bellum avant la lettre, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.
Author: Mona Samadi
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.

By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
Reconciling Autonomy with Equal Rights and Opportunities
This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
The Impact of Article 6 of the European Convention on Human Rights
Author: Cristina Teleki
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights.
The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal