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A Latin American Guide to the International Court of Justice Case Law

Author : Paula Wojcikiewicz Almeida
Publisher : Cambridge Scholars Publishing
Page : 485 pages
File Size : 40,51 MB
Release : 2016-12-14
Category : Law
ISBN : 1443847038

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This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.

Latin America and the International Court of Justice

Author : Paula Wojcikiewicz Almeida
Publisher : Routledge
Page : 342 pages
File Size : 14,13 MB
Release : 2016-11-25
Category : Law
ISBN : 1317511352

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This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Courts in Latin America

Author : Gretchen Helmke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 32,62 MB
Release : 2011-01-17
Category : Political Science
ISBN : 1139497162

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To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

The Role of Courts in Transitional Justice

Author : Jessica Almqvist
Publisher : Routledge
Page : 359 pages
File Size : 41,76 MB
Release : 2013-06-17
Category : Law
ISBN : 1136579257

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Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Judicial reform in Latin America

Author : Maria Dakolias
Publisher : Hoover Press
Page : 40 pages
File Size : 22,20 MB
Release :
Category : Courts
ISBN : 9780817957032

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An essay on the need for a well functioning judiciary system in Latin America.

The Construction of the Customary Law of Peace

Author : Cecilia M. Bailliet
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 48,77 MB
Release : 2021-06-25
Category : Law
ISBN : 180037187X

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This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.

Transformative Constitutionalism in Latin America

Author : Armin von Bogdandy
Publisher : Oxford University Press
Page : 465 pages
File Size : 22,5 MB
Release : 2017-06-16
Category : Law
ISBN : 0192515462

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This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

The Judicial Sector in Latin America and the Caribbean

Author : Maria Dakolias
Publisher : World Bank Publications
Page : 96 pages
File Size : 27,68 MB
Release : 1996-01-01
Category : Law
ISBN : 9780821336120

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"Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.

Furthering Judicial Education

Author : Waleed Haider Malik
Publisher : World Bank Publications
Page : 112 pages
File Size : 15,25 MB
Release : 2002-01-01
Category : Law
ISBN : 9780821352144

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This publication contains the proceedings of an international conference, held in Guatemala in October 2001, with participants from law schools, judges, practitioners and government officials from a number of Latin American countries and elsewhere. The conference theme focused on the links between judicial excellence, judicial reform and good practices in the performance of judicial education programmes. Topics considered include: the concept of judicial excellence, ethics and the role of human rights training, e-learning and distance education, in-service training and evaluation, the role of education in promoting judicial reform and attitudinal change in the courts system.