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Public Interest Litigation in International Law

Author: Justine Bendel

Publisher: Taylor & Francis

Published: 2023-09-25

Total Pages: 282

ISBN-13: 1000953602

In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future

Many Roads to Justice

Author: Mary E. McClymont

Publisher:

Published: 2000

Total Pages: 384

ISBN-13:

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This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.

Public Interest Litigation in Asia

Author: Po Jen Yap

Publisher: Routledge

Published: 2010-11

Total Pages: 173

ISBN-13: 1136907203

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This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.

Courting the People

Author: Anuj Bhuwania

Publisher: Cambridge University Press

Published: 2017-01-16

Total Pages: 168

ISBN-13: 110714745X

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""Studies the politics of Public Interest Litigation (PIL) in contemporary India"--Provided by publisher".

Public Interest Rules of International Law

Author: Professor Teruo Komori

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 767

ISBN-13: 140949683X

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This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community.

Public Interest Environmental Litigation in India, Pakistan, and Bangladesh

Author: Jona Razzaque

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 554

ISBN-13: 9041122141

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This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan. The necessity for this research lies in the rapid degradation of environment and the need of efficient environmental management in the three countries of the South Asian region. Here, we compare the legal systems of the three countries from the environmental point of view, discuss new ideas and directions and critically analyse the legal provisions that would help to apply environmental norms. These offer the legislators a chance to find out what can be applied in their own region, thus developing their existing legal mechanisms. About the author Jona Razzaque is barrister and holds a PhD in law from the University of London. She works in the field of access to environmental justice and has published numerous articles on this issue. She taught law in Queen Mary College and School of Oriental and African Studies under the University of London. She is currently working as a lawyer in the Foundation for International Environmental Law and Development (FIELD) on cross-themed projects related to bio-diversity, trade and climate change.

Public Interest Litigation in Pakistan

Author: Werner Menski

Publisher: Lulu.com

Published: 2000-01-01

Total Pages: 158

ISBN-13: 0953572803

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This edited book provides a collection of analyses of UK asylum law and the European human rights law applicable to asylum seekers through contributions by some of the leading European asylum law experts. ISBN: 0-9535728-0-3.

Public Interest Litigation in South Africa

Author: Jason Brickhill

Publisher:

Published: 2018-08-31

Total Pages: 436

ISBN-13: 9781485128168

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Public Interest Litigation in South Africa offers grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. The book shares the legal narratives of those particular struggles in the hope that this will contribute to the broader continuous struggle for social justice. Part One of the book considers the history of public interest litigation, the public interest sector today, public interest litigation in the context of international law, the ethics and politics of public interest litigation, and procedure. Part Two addresses public interest litigation in key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share more of the stories of what has been achieved in the courts, beyond the well-trodden, landmark appellate decisions, as a contribution to informed and critical engagement.

Enforcing Obligations Erga Omnes in International Law

Author: Christian J. Tams

Publisher: Cambridge University Press

Published: 2005-12-01

Total Pages: 397

ISBN-13: 1139448803

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The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

Public Policy and Private International Law

Author: Meyer, Olaf

Publisher: Edward Elgar Publishing

Published: 2022-09-06

Total Pages: 503

ISBN-13: 1789902665

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The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.