The Universalism of Human Rights
The Universalism of Human Rights

Author: Rainer Arnold

Publisher: Springer Science & Business Media

Published: 2012-08-21

Total Pages: 435

ISBN-13: 9400745109

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Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.

Human Rights in the South Pacific
Human Rights in the South Pacific

Author: Sue Farran

Publisher: Routledge

Published: 2009-01-15

Total Pages: 364

ISBN-13: 1135392307

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This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of common law. The main topic interacts with a range of others such as constitutions, legal institutions and structures, social organization, culture and custom, tradition and change, especially in the Pacific region where the legal systems are complex and perceptions of what rights are or should be varies widely.

Introduction to South Pacific Law
Introduction to South Pacific Law

Author: Jennifer Corrin Care

Publisher: Psychology Press

Published: 2007

Total Pages: 482

ISBN-13: 1845680391

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Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.

Passage of Change
Passage of Change

Author: Anita Jowitt

Publisher: ANU E Press

Published: 2010-11-01

Total Pages: 378

ISBN-13: 1921666897

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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.

Statehood under Water
Statehood under Water

Author: Alejandra Torres Camprubí

Publisher: BRILL

Published: 2016-07-11

Total Pages: 338

ISBN-13: 9004321616

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In Statehood under Water, Alejandra Torres Camprubí revisits the concept of statehood through an analysis on how sea-level rise and the Anthropocene challenge the territorial, demographical, and political dimensions of the State. Closely examining the fight for survival undertaken by low-lying Pacific Island States, the author engages with the legal and policy innovations necessary to address these new scenarios. This monograph reacts against overly formal approaches to the law on statehood, and is devoted to the reconstruction of the context in which both the challenges, and the measures adopted to tackle them, are taking place. Progressively forged within the international community, it is the kind of political and ethical framework that will soon inform the potential transformation of the law on statehood.

World Heritage and Human Rights
World Heritage and Human Rights

Author: Peter Bille Larsen

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781138224223

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This book provides both a review of World Heritage policy at the global level and case studies from Asia-Pacific (including Australia, South and Southeast Asia and China) of how human rights issues impact on both natural and cultural heritage sites and their management.

Human Rights and the Universal Periodic Review
Human Rights and the Universal Periodic Review

Author: Hilary Charlesworth

Publisher: Cambridge University Press

Published: 2015-01-22

Total Pages: 315

ISBN-13: 131619552X

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The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order to consider its regulatory power and its capacity to influence the behaviour of states. It also highlights the significance of the embodied features of the Review, with its cyclical and intricately managed interactive dialogues. Additionally, it discusses the rituals associated with the Review, examines the tendency of the Review towards hollow ritualism (which undermines its aspiration to address human rights violations comprehensively) and suggests how this ritualism might be overcome.

Courts and Civil Procedure in the South Pacific
Courts and Civil Procedure in the South Pacific

Author: Jennifer Corrin

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781780682808

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This book compares the conduct of civil cases in countries of the South Pacific and explains the practical application of civil procedures in the context of the courts in which they operate. The text focuses on the rules that apply in the superior courts of Fiji, Kiribati, Samoa, the Solomon Islands, Tonga, Tuvalu, and Vanuatu. In this second edition, an introductory chapter explains the origin of the rules and the factors that link and differentiate them. The book then highlights the preliminary considerations that should be weighed before proceedings are instituted. Additionally, the constitution and civil jurisdiction of the courts are explained, along with a discussion of legislative and case law developments. Alternative ways of resolving civil disputes are offered. Recent changes to the rules are described, and further reforms that may be considered by rule making bodies are suggested. Subject: Civil Law, Comparative Law]

Environmental Law and Governance in the Pacific
Environmental Law and Governance in the Pacific

Author: Margaretha Wewerinke-Singh

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9780367502898

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This volume examines environmental law and governance in the Pacific, focussing on the emerging challenges this region faces. Fourteen Pacific Island countries, and a broad range of themes, such as deep-sea mining, fisheries, protected areas, heritage, endangered species, human rights and access to justice, are addressed in the volume.

World Report 2019
World Report 2019

Author: Human Rights Watch

Publisher: Seven Stories Press

Published: 2019-02-05

Total Pages: 847

ISBN-13: 1609808851

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The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.