Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Dorothy Kilgallen, Abuse of Power, and the Most Compelling JFK Assassination Investigation in History
Author: Mark Shaw
Publisher: Post Hill Press
Category: True Crime
Why is What’s My Line? TV star and Pulitzer-Prize-nominated investigative reporter Dorothy Kilgallen one of the most feared journalists in history? Why has her threatened exposure of the truth about the JFK assassination triggered a cover-up by at least four government agencies and resulted in abuse of power at the highest levels? Denial of Justice—written in the spirit of bestselling author Mark Shaw’s gripping true crime murder mystery, The Reporter Who Knew Too Much—tells the inside story of why Kilgallen was such a threat leading up to her unsolved murder in 1965. Shaw includes facts that have never before been published, including eyewitness accounts of the underbelly of Kilgallen’s private life, revealing statements by family members convinced she was murdered, and shocking new information about Jack Ruby’s part in the JFK assassination that only Kilgallen knew about, causing her to be marked for danger. Peppered with additional evidence signaling the potential motives of Kilgallen’s arch enemies J. Edgar Hoover, mobster Carlos Marcello, Frank Sinatra, her husband Richard, and her last lover, Denial of Justice adds the final chapter to the story behind why the famous journalist was killed, with no investigation to follow despite a staged death scene. More information can be found at www.thedorothykilgallenstory.com.
In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation.
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
This set presents a comprehensive analytical study of the state of social justice in India. The four volumes undertake theoretical and empirical inquiry into the various spheres of justice, collectively creating what can be termed a ‘report card’ of the regime of social justice in the country. Authored by some of the finest ethnographers and analysts in the country, the works approach the issue of justice in the broader context of post-colonial democracy, and look at the limits within which democracy permits justice, social justice in particular. The volumes, which are part of the series State of Justice in India: Issues of Social Justice, reveal that the issues pertaining to social justice are extremely contentious, and hence, dynamic. The ethnographic-historical studies are cast in an archaeological mode of inquiry. They highlight how time, place, history, perceptions, arrangements or apparatuses (such as legal, judicial, constitutional and administrative apparatuses) play significant roles in influencing social justice. This set will be a rich resource for students and researchers working in the fields of justice, sociology, law, political theory and Indian democracy. It will also be immensely useful for policy makers, policy analysts, human rights activists and NGOs.
In The Concept of Justice, Patrick Burke explores and argues for a return to traditional ideas of ordinary justice in opposition to conceptions of 'social justice' that came to dominate political thought in the 20th Century. Arguing that our notions of justice have been made incoherent by the radical incompatibility between instinctive notions of ordinary justice and theoretical conceptions of social justice, the book goes on to explore the historical roots of these ideas of social justice. Finding the roots of these ideas in religious circles in Italy and England in the 19th century, Burke explores the ongoing religious influence in the development of the concept in the works of Marx, Mill and Hobhouse. In opposition to this legacy of liberal thought, the book presents a new theory of ordinary justice drawing on the thought of Immanuel Kant. In this light, Burke finds that all genuine ethical evaluation must presuppose free will and individual responsibility and that all true injustice is fundamentally coercive.
Redemption, Economics, Law, Justice, Mediation, Human Rights
Author: Michael A. Pennacchia
Publisher: Xlibris Corporation
Category: Political Science
Michael A. Pennacchia has earned a MA in Diplomacy with a concentration in Conflict Resolution from Norwich University in Vermont. A BA in Political Science from New Jersey City University where he also interned at the United Nations for one year under Dr. Harris Schoenberg, the UN NGO Chairman for Human Rights. He is certified as an experienced Civil and Family Mediator in the State of Texas. He is retired from GM Corp. where he learned to empathize with the plight of working men and women. He resides in New Jersey where he proudly serves his country and community in the US Coast Guard Auxiliary. When writing the six research papers which comprise the content of this book, the authors underlining theme has been the importance of each and every individual human being. He has endeavored to emphasis the value of the individual human soul when writing on ever present geopolitical themes.
A Dialogue with Karol Wojtyla/John Paul II and Karl Barth
Author: Stephanie Mar Brettmann
Publisher: Wipf and Stock Publishers
What is justice? How do we know justice? How is justice cultivated in society? These are the three questions that guide this critical dialogue with two representatives of the Catholic and Protestant traditions: Karl Barth and Karol Wojtyla/John Paul II. Though the two thought leaders are shaped within divergent theological traditions and historical contexts, they both appeal to Christian anthropology as a starting point for justice. Their explorations into the nature of humanity yield robust new theories of justice that remain relevant for our contemporary era. The third interlocutor, our female author, brings her own voice fully into the dialogue in the third part of the book in order to address the shortcomings in their theories and build upon their insights, all the while seeking theories of humanity and social justice that result in justice for all persons.