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Publisher Description
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
What place do reason and emotion have in justice and the law? This thought-provoking text brings together leading lawyers and legal philosophers to argue that law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole.
There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.
Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions. World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or e...
This book examines the development of international law applicable to Transboundary Aquifers (TBAs) considering the Human Right to Water and Sanitation (HRWS). The purpose is to determine how International Water Law (IWL) and the HRWS can be harmonized in the context of TBAs. This is important given rules and instruments adopted to address this topic are relatively nascent, and the field itself is still in the process of developing regulatory frameworks. Taking the application of the HRWS to shared aquifers as a case study, the work discusses whether IWL and International Human Rights Law complement each other. The response to this question requires an analysis of the development of Internat...
This book analyzes United Nations (UN) interventions in the process of constitution making in states undergoing political change. It combines theoretical considerations of democracy and constitutionalism with empirical experiences and takes a critical perspective on the interventions developed by the United Nations in the processes of re-democratization. Presenting new empirical evidence on the substantive and procedural way in which the UN undertakes constitution building in Cambodia, Bosnia and Herzegovina, Afghanistan, and East Timor, the book illustrates difficulties of these practices such as the promotion of popular participation, as well as an increasing Westernization, and to meet local needs. In consequence, the authors call for reforms of the actions and structural methods the UN to better align a legitimate constitutional order with the rule of law and democratic values. This book is aimed at scholars and students of politics and law who are interested in the prerequisites and conditions for further democratization in states undergoing political transformation.
Torture doctors invent and oversee techniques to inflict pain and suffering without leaving scars. Their knowledge of the body and its breaking points and their credible authority over death certificates and medical records make them powerful and elusive perpetrators of the crime of torture. In The Torture Doctors, Steven H. Miles fearlessly explores who these physicians are, what they do, how they escape justice, and what can be done to hold them accountable. At least one hundred countries employ torture doctors, including both dictatorships and democracies. While torture doctors mostly act with impunity—protected by governments, medical associations, and licensing boards—Miles shows that a movement has begun to hold these doctors accountable and to return them to their proper role as promoters of health and human rights. Miles’s groundbreaking portrayal exposes the thinking and psychology of these doctors, and his investigation points to how the international human rights community and the medical community can come together to end these atrocities.
The volume includes the proceedings of the 2nd Roma Sinica project conference held in Seoul in September 2019 and aims to compare some features of the ancient political thought in the Western classical tradition and in the Eastern ancient thought. The contributors, coming from Korea, Europe, USA, China, Japan, propose new patterns of interpretation of the mutual interactions and proximities between these two cultural worlds and offer also a perspective of continuity between contemporary and ancient political thought. Therefore, this book is a reference place in the context of the comparative research between Roman (and early Greek thought) and Eastern thought. Researchers interested in Cicero, Seneca, Plato, post-Platonic and post Aristotelic philosophical schools, history, ancient Roman and Chinese languages could find interesting materials in this work.
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.