Suchergebnisse

Prologue : how did all of this litigation begin? -- Introduction -- A look at the cases : a panoramic view -- The history of Haiti and its major transitional problems -- INS treatment of Haitians : a continuing pattern of illegality : Haitian Refugee Ctr. v. Civiletti -- Jean v. Nelson -- Attorney's fee litigation : Commissioner v. Jean -- The Guantanamo cases : Haitian refugee center v. Baker -- The cholera case : Georges v. United Nations -- An alternative vision -- Conclusion -- Epilogue

This work tells part of the story of a remarkable attempt, which spanned four decades, to bring the rule of law to refugees from the troubled nation of Haiti. It discusses several of the cases that civil rights lawyers, working directly with Haitians and other activists, filed and litigated for Haitian refugees, and the legal, social, and political aspects of such litigation. The litigation fostered structural legal changes, policies meant to cure the inequities in the treatment of refugees, and a determined political opposition to unfair and illegal immigration decisions.

This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers.

Questions about democracy and human rights have emerged in the advent of the 21st century, a time in which the prospects for progress in these areas have never been greater. This book is designed to respond to some of these questions with reference to Latin America, where democratic regimes have alternated with authoritarian governments and the human rights record is inconsistent at best. Taken together, these essays reveal the complexity of democratic transitions, the importance of support for human rights, and the way in which democracy and human rights are linked in Latin America.

On October 15, 1994, Jean-Bertrand Aristide was returned to power as Haiti's leader. In a blend of political, historical and moral concerns, the author of this study provides an account of Aristide's reinstatement and explores the uncertain fate of democracy in Haiti.

This book focuses on impunity and human rights violations, a topic that has become highlighted in recent years as governments have moved from represion to democracy. Roht-Arriaza explores the basis in international law to investigate past human rights violations, to persecute perpetrators, and to provide redress for victims.

Focusing on the critical role of the judiciary in the transition to democracy in Latin America, this book examines the significance of the independence of the judiciary, which ensures institutional integrity and freedom from political pressure.