Courts Without Borders

Author: Tonya L. Putnam
Publisher: Cambridge University Press
ISBN: 1107137098
Size: 23.96 MB
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This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.

Courts Without Borders

Author:
Publisher:
ISBN: 9781316480304
Size: 59.78 MB
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Courts without Borders is the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States.

Extraterritorial Application Of Human Rights Treaties

Author: Marko Milanovic
Publisher: Oxford University Press
ISBN: 0199696209
Size: 36.38 MB
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Courts have involved themselves on human rights grounds in such controversies
as Turkey's invasion of northern Cyprus, NATO's use of force against Serbia,
Russia's involvement in Georgia, or the US and UK invasion of Iraq. No longer
are such cases examined solely from the ... Now it is increasingly the individuals
directly affected by extraterritorial state action who are pursuing the avenues
open to them under international human rights law. And because the impact of
human rights ...

Beyond National Borders

Author: Sigrun Skogly
Publisher: Intersentia nv
ISBN: 9050954340
Size: 39.15 MB
Format: PDF, Kindle
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This was the classic notion of obligations – as long as the state refrained from
interference, the human rights obligations would be complied with. These
obligations were often conceptualised in terms of 'freedom from' something. This
notion of human rights obligations as only encapsulating a duty not to interfere, is
built on a liberal political philosophy of the 'night-watchman' state. It has retained
significant strength among a number of political and legal commentators on
human rights, ...

The Long Decade

Author: David Jenkins
Publisher: Oxford University Press
ISBN: 0199368341
Size: 47.13 MB
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According to it, the world beyond the Constitution's boundaries was a lawless
one, where the political branches could do as they liked with little or no judicial
interference. The good faith and common sense of the president was to be the
U.S. government's guide and restraint in the world beyond American borders,
checked only by Congress. ... was not so much an exception to law, as an
anomalous legal construct: it was the law itself that determined it did not apply
extraterritorially.

The Annals Of The American Academy Of Political And Social Science

Author:
Publisher:
ISBN:
Size: 73.63 MB
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Thus an American charged with homicide was brought, in 1908, by the Chinese
from the borders of Thibet to Chungking in central China, 600 miles, and thence,
with the witnesses, to trial in Shanghai, 1,200 miles. He was acquitted on a
finding of accidental ... to British jurisdiction in China. But it has been ruled that
the British and American extradition acts do not reciprocally extend to their
extraterritorial jurisdictions — a ruling which on the principles of law involved
appears rather too ...

Patients With Passports

Author: I. Glenn Cohen
Publisher: Oxford University Press
ISBN: 0190218193
Size: 36.70 MB
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50 United States v. Yousef, 327 F.3d 56, 91 n.24 (2d Cir. 2003); RESTATEMENT,
supra note 49, § 402; Lowe, supra note 40, at 343. 51 United States v. Aluminum
Co. of Am., 148 F.2d 416,443, 447–48 (2d Cir. 1945) (“On the other hand, it is
settled law... that any state may impose liabilities, even upon persons not within
its allegiance, for conduct outside its borders that has consequences within its
borders.”). Various foreign courts in other countries have resisted the extension of
 ...

Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 9780199719587
Size: 42.85 MB
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In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas ...

China

Author: American Academy of Political and Social Science
Publisher:
ISBN:
Size: 28.25 MB
Format: PDF
View: 1234
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Thus an American charged with homicide was brought, in 1908, by the Chinese
from the borders of Thibet to Chungking in central China, 600 miles, and thence,
with the witnesses, to trial in Shanghai, 1,200 miles. He was acquitted on a
finding of accidental ... to British jurisdiction in China. But it has been ruled that
the British and American extradition acts do not reciprocally extend to their
extraterritorial jurisdictions — a ruling which on the principles of law involved
appears rather too ...