상세정보
- 상세정보
Transnational human rights litigation : challenging the death penalty and criminalization of homosexuality in the Commonwealth
Novak, Andrew
- 책이미지
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- 도서 상세정보
| 자료유형 | 단행본 |
|---|---|
| 개인저자 | Novak, Andrew |
| 서명/저자사항 | Transnational human rights litigation:challenging the death penalty and criminalization of homosexuality in the Commonwealth :Andrew Novak. |
| 발행사항 | Cham :Springer,2020. |
| 형태사항 | 1 online resource (191 pages). |
| 총서사항 | Ius Gentium ;v. 75 |
| 총서부출표목 | Ius gentium (Dordrecht, Netherlands) ;v. 75. |
| 기타형태 저록 | Print version: Novak, Andrew. Transnational Human Rights Litigation : Challenging the Death Penalty and Criminalization of Homosexuality in the Commonwealth. Cham : Springer, ©2019, 9783030285456 |
| ISBN | 9783030285463 3030285464 3030285456 9783030285456 9783030285470 3030285472 9783030285487 3030285480 |
| 기타표준부호 | 10.1007/978-3-030-28546-3 |
| 서지주기 | Includes bibliographical references and index. |
| 내용주기 | Intro; Acknowledgements; Contents; About the Author; 1 Introduction; 1.1 Putting Lawyers into the Picture; 1.2 Commonwealth Laws, Links, and Networks; 1.3 The Organization of the Book; References; 2 Applying the Lens of Transnational Advocacy Networks to Human Rights Litigation; 2.1 Introduction; 2.2 Litigation, Norms, and Networks; 2.3 Litigation as Norm Diffusion; 2.4 Cause Lawyers as Norm Entrepreneurs; 2.5 Conclusion; References; 3 Transnational Legal Citation as Method of Norm Diffusion; 3.1 Introduction; 3.2 Global Judicial Dialogue as Method of Norm Diffusion 3.3 Legal Advocates as Instrumental Actors in Transnational Legal Citation3.4 A Role for the Global South; 3.5 Conclusion; References; 4 Litigation and the Abolition of the Mandatory Death Penalty; 4.1 Introduction; 4.2 Abolition of the Death Penalty as Emerging International Norm; 4.3 Commonwealth Death Penalty Litigation as Norm Diffusion; 4.4 The Impact of Litigation on Death Penalty Norms; 4.5 Diffusion of the Anti-mandatory Death Penalty Norm Through Litigation; 4.6 The Harmonizing Effects of Transnational Death Penalty Jurisprudence 4.6.1 Kenya Supreme Court: Muruatetu v. Attorney General4.6.2 Caribbean Court of Justice: Nervais and Severin v. Queen; 4.7 Conclusion; References; 5 Litigation and the Decriminalization of Homosexuality; 5.1 Introduction; 5.2 LGBT Rights as Norms in Diffusion; 5.3 Toward a Commonwealth Strategy to Abolish Anti-sodomy Laws; 5.4 The Transnational Judicial Dialogue and Anti-sodomy Laws; 5.5 A Shift Toward the Global South?; 5.5.1 Belize Supreme Court: Orozco v. Attorney General; 5.5.2 India Supreme Court: From Naz Foundation to Johar v. Union of India 5.5.3 The Kenya and Botswana High Courts: Gitari and Motshidiemang5.6 Conclusion; References; 6 Conclusion; 6.1 The Case for Comparative Law; 6.2 A Commonwealth Human Rights Strategy; References; Index |
| 요약 | This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform. |
| 일반주제명 | Human rights. Human rights -- International cooperation. Human rights. Human rights -- International cooperation. |
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