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Reparation for Victims of Armed Conflict
Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.
The Impact of the Inter-American Human Rights System
This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.
Dark Eclipse
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The City Different
Although the focus is on the unsolved murders of a priest and female tourists, THE CITY DIFFERENT, better known as Santa Fe, NM, is a story about the good and the bad of its people, its cultural and social values, its politics, its beauty and its charm. A city is left in a state of chaos after the brutal murder of a priest is followed by the deaths of female tourists. Are these thrill-kills or a serial murders, and uncertainty that puzzles state police officials, a female homicide detective, and a district attorney. Complexities set in when the detective and the district attorney become lovers. They increase when she comes to suspect him of being part of at least one of the crimes. Meanwhile...
Compliance with Judgments of the European Court of Human Rights
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
Caring for Patients from Different Cultures
What happens when a Cherokee patient summons a medicine man to the hospital, or when an Anglo nurse refuses to take orders from a Japanese doctor? Why do Asian patients rarely ask for pain medication, while Mediterranean patients seem to seek relief for even the slightest discomfort? If the goal of the American medical system is to provide optimal care for all patients, healthcare providers must understand cultural differences that create conflicts and misunderstandings and can result in inferior medical care. Geri-Ann Galanti's updated classic, Caring for Patients from Different Cultures, is even more comprehensive than the first three editions, containing new appendices for quick reference...
The Delivery of Human Rights
The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers’ intention that individuals benefit from the norms can be achieved. The book is written and published in honour of Professor Sir Nigel Rodley KBE. It celebrates his career as an academic and practitioner in the area of human rights. Professor Rodley acted as the UN Special Rapporteur on Torture fro...
The Duty to Investigate in Situations of Armed Conflict
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
Cross-Cultural Perspectives on Couples with Mixed HIV Status: Beyond Positive/Negative
This edited volume presents a detailed portrait of couples living with mixed HIV status, where one partner is HIV-positive and the other negative. Readers will come to understand the various and complex ways in which these mixed-status, or serodiscordant couples build a life together within the shadow of HIV-related stigma. Spanning the globe, coverage explores serodiscordance as a negotiated practice and process, inseparable from the social context in which it is situated. The book shows how couples draw on diverse and sometimes contradictory cultural discourses of medicine, romance, and “normality” to make sense of and manage their mixed HIV status and any perceived risks, not uncommon...
Transitional Justice and the Historical Abuses of Church and State
Interrogates the role of power and emotions in the responses of Western States and churches to their historical abuses.
