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3. The 'Victim' requirement
Contemporary legal practice faces the paradox of both fragmentation and consolidation through the effects of globalisation of legal services, of clients, and arguably of the law itself. Increasingly, thanks to rapid developments in technology, non-lawyers also deliver legal services. At the convergence of these influences, lawyers increasingly work outside their `home¿ jurisdiction: travelling and working internationally, managing matters for international clients, or dealing with laws that bear an international context. They also face competition from law start-ups that are unconstrained by jurisdiction, and consequently lawyers¿ work includes interdisciplinary technology-related contexts...
Critical Perpsectives on Human Rights Law in Australia, Volume 2, complements and further explores key human rights issues facing Australia today. The contributors are many of the nation's leading and emerging experts in human rights, drawn from both legal and non-legal disciplines, and from varied backgrounds including universities, NGOs and the Australian Human Rights Commission. The authors outline and explore a collection of thought-provoking and controversial topics, presenting clear, articulate and engaging chapters that skilfully highlight both introductory ideas and in-depth critical a.
This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the developm...
Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.
Monitoring is a crucial mechanism to secure and improve implementation of human rights. Field officers and other human rights defenders are key agents in monitoring, and thus contribute to securing human rights in practice. This manual is meant to provide information on basic monitoring techniques and to give a focused overview of current human rights law and practice in selected areas of importance for most practitioners working with human rights monitoring. It contains checklists for monitors, as well as references to key literature, handbooks and web resources for further information. It also includes annotated lists of instrument provisions relevant to each theme. The manual is intended for people of various backgrounds, including field officers and activists with no specific legal training.
Even when governments have no democratic basis, they are regarded as the sole representatives of their populations on the international plane and take important decisions on their behalf. It is therefore important that other voices can be heard in international fora alongside governments. NGOs have an increasingly important legal and political role and use several different avenues for their work, such as lodging cases before international courts and other bodies and participating in international meetings and conferences. This book explores these possibilities for the participation of NGOs in international law.
This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately suffer frequently occurs outside of this context. She does this by conceptualising restrictions on women’s...
A scholarly examination of the most important human rights issues facing Australia today. For scholars and practitioners, and who wish to increase their understanding, it provides timely and provocative perspectives on the law and policy regarding the application of human rights standards in Australia. Authors from Monash University.