Suchergebnisse

From treaty to "the white man governs" -- Racialized and politicalized rural crime and self-defence -- The investigation, polarization and preliminaries -- Jury selection -- Hang fire? -- Indigenous witnesses on trial -- Murder, manslaughter and phantom self-defence -- Acquittals, decision not to appeal and aftermath -- Can we do better?

"This book examines the responses of the United Nations, the United States, the United Kingdom, Australia and Canada responded to 9/11. It also examines how Egypt, Syria, Israel, Singapore and Indonesia had to do comparatively little to respond. The book provides a creitical take on how the United Nations promoted terrorism financing laws and the regulation of speech associated with terrorism while failing to agree on a definition of terrorism or the importance of repecting human rights while combating terrorism. It assesses some failures and challenges of counter-terrorism"--

The first part of this article examines remedies granted in climate change litigation against governments in domestic and supranational courts. It concludes that courts have tended to grant focused and modest remedies. Requests for overly ambitious remedies have not been successful and may have caused North American courts to hold human rights claims based on climate change to be non-justiciable. The second part of this article examines the range of available judicial remedies and their strengths and weaknesses. It identifies interim relief, the "declaration plus," and remedies directed towards laws that violate human rights as promising remedial strategies. The third part proposes a number of remedial principles. It argues for a two-track remedial approach that combines immediate remedies directed at particular harms with dialogic and interactional remedies in which courts engage with other institutions and parties to produce longer-term systemic remedies that will curb emissions in the future. Courts should explicitly use proportionality reasoning when factoring in competing social interests and confronting polycentric problems. Bi-jural remedies that combine human rights and Indigenous law are also promising. Litigants should expect that no one case will remedy the threatening tides of climate change. They should pursue cycles of remedies where new and more intense remedies are used to respond to remedial failures and continued violations of human rights related to global warming.