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Intro -- Title Page -- Copyright Page -- Table of Contents -- FOREWORD -- CONTRIBUTORS -- PRINCIPAL ABBREVIATIONS -- PART I NATIONAL COURTS AND INTERNATIONAL HUMAN RIGHTS: -- 1. NATIONAL COURTS AND THE INTERNATIONAL LAW OF HUMAN RIGHTS -- 2. THE JURISPRUDENCE OF INTERNATIONAL HUMAN RIGHTS ENFORCEMENT: REFLECTIONS ON THE ITALIAN EXPERIENCE -- PART II COMPARATIVE MODELS FOR NATIONAL ENFORCEMENT: -- 3. THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS: THE UNITED KINGDOM -- 4. THE APPLICATION BY ITALIAN COURTS OF HUMAN RIGHTS TREATY LAW -- 5. THE ROLE OF GERMAN COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS -- 6. A REPORT ON THE ROLE OF FRENCH JUDGES IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS -- 7. THE IMPLEMENTATION OF THE INTERNATIONAL LAW OF HUMAN RIGHTS BY THE JUDICIARY: NEW TRENDS IN THE LIGHT OF THE CHILEAN EXPERIENCE -- 8. DIRECT APPLICABILITY OF HUMAN RIGHTS CONVENTIONS WITHIN THE INTERNAL LEGAL ORDER: THE SITUATION IN ARGENTINA -- 9. THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS-A VIEW FROM AUSTRIA -- 10. INTERNATIONAL HUMAN RIGHTS STANDARDS IN NATIONAL LAW: THE JURISPRUDENCE OF THE UNITED STATES -- 11. THE ATTITUDE OF THE SUPREME COURT OF ISRAEL TOWARDS THE IMPLEMENTATION OF THE INTERNATIONAL LAW OF HUMAN RIGHTS -- 12. INTERNATIONAL HUMAN RIGHTS ADJUDICATION IN JAPAN -- 13. INTERNATIONAL HUMAN RIGHTS LAW IN CANADIAN COURTS -- 14. THE ROLE OF DOMESTIC COURTS IN THE ADJUDICATION OF INTERNATIONAL HUMAN RIGHTS: A SURVEY OF THE PRACTICE AND PROBLEMS IN CHINA -- PART III CONTROVERSIAL ISSUES: -- 15. THE ROLE OF THE COURTS OF THE UNITED STATES IN ASYLUM CASES -- 16. IMMUNITY OF STATE ORGANS AND DEFENCE OF SUPERIOR ORDERS AS AN OBSTACLE TO THE DOMESTIC ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS.

Examines the phenomenon of avoidance by the courts of human rights norms defensively invoked by a litigant, in treaties to which the US is a party.

SummaryThe aim of the European Court of Human Rights is to bring about a situation in which individuals are able to get effective guarantees of their rights within their national legal systems. With this in mind, the author reviews some of the recent developments in cases before the court relating to evolutionary interpretation of the provisions of the convention, the role of the separation of powers in ensuring the protection of freedoms under the Convention for the Protection of Human Rights and Fundamental Freedoms, and the notion of human dignity within the convention framework. The author also considers the growing case load before the court and the need for reform and concludes by pointing out that the European system is the most effective international system yet for securing human rights protection.

This book guides civil rights lawyers-and informs judges, legislators, and academics-in the effective use of international law in U.S. federal and state cases. The author highlights many concrete areas in which international law can enhance human rights protection both in the U.S. and abroad, such as: Death penalty Lethal force by police and military authorities Extraterritorial privacy protection Gay and lesbian rights Government liability for foreseeable harm Compensation for unintentional false imprisonment. This eminently practical approach-based on model briefs developed for and used by leading U.S. civil rights lawyers and organizations-presents an extremely rare treatment of international human rights law. Published under the Transnational Publishers imprint

"The primary purpose of this book is to demonstrate the scope that already exists for using international human rights law in English courts, regardless of its status as 'incorporated' or 'unincorporated'. Murray Hunt addresses directly what are commonly supposed to be the theoretical obstacles to using human rights law in English courts and aims to raise awareness of the extent to which these have now fallen away in light of recent developments in English judicial practice. The book was first published in hardback in March 1997"--Bloomsbury Publishing