Abortion Law in Transnational Perspective

Cases and Controversies
Author: Rebecca J. Cook,Joanna N. Erdman,Bernard M. Dickens
Publisher: University of Pennsylvania Press
ISBN: 0812246276
Category: Law
Page: 480
View: 2846

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It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.

Women's Human Rights and Migration

Sex-Selective Abortion Laws in the United States and India
Author: Sital Kalantry
Publisher: University of Pennsylvania Press
ISBN: 081224933X
Category: Law
Page: 272
View: 8717

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In Women's Human Rights and Migration, Sital Kalantry examines the laws to ban sex-selective abortion in the United States and India to argue for a transnational feminist legal approach to evaluating prohibitions on the practices of immigrant women that raise human rights concerns.

Integrated Human Rights in Practice

Rewriting Human Rights Decisions
Author: Eva Brems,Ellen Desmet
Publisher: Edward Elgar Publishing
ISBN: 178643380X
Category: Human rights
Page: 552
View: 5633

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This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.

The International Struggle for New Human Rights


Author: Clifford Bob
Publisher: University of Pennsylvania Press
ISBN: 0812201345
Category: Political Science
Page: 208
View: 3940

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In recent years, aggrieved groups around the world have routinely portrayed themselves as victims of human rights abuses. Physically and mentally disabled people, indigenous peoples, AIDS patients, and many others have chosen to protect and promote their interests by advancing new human rights norms before the United Nations and other international bodies. Often, these claims have met strong resistance from governments and corporations. More surprisingly, even apparent allies, such as Amnesty International, Human Rights Watch, and other nongovernmental organizations, have voiced misgivings, arguing that rights "proliferation" will weaken efforts to protect their traditional concerns: civil and political rights. Why are certain global problems recognized as human rights issues while others are not? How do local activists transform long-standing problems into universal rights claims? When and why do human rights groups, governments, and international organizations endorse new rights? The International Struggle for New Human Rights is the first book to address these issues. Focusing on activists who advance new rights, the book introduces a framework for understanding critical strategies and conflicts involved in the struggle to persuade the human rights movement to move beyond traditional problems and embrace pressing new ones. Essays in the volume consider rights activism by such groups as the South Asian Dalits, sexual minorities, and children of wartime rape victims, while others explore new issues such as health rights, economic rights, and the right to water. Examining both the successes and failures of such campaigns, The International Struggle for New Human Rights will be a key resource not only for scholars but also for those on the front lines of human rights work.

The Oxford Handbook of Law, Regulation and Technology


Author: Roger Brownsword,Eloise Scotford,Karen Yeung
Publisher: Oxford University Press
ISBN: 0199680833
Category: Law
Page: 1360
View: 7602

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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

Inspiring a Medico-Legal Revolution

Essays in Honour of Sheila McLean
Author: Pamela R. Ferguson,Graeme T. Laurie
Publisher: Routledge
ISBN: 1317115953
Category: Medical
Page: 324
View: 4619

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This book marks the retirement of Professor Sheila McLean, whose contribution to the discipline of medical law has been truly ground breaking. As one of the pioneers of the discipline, Sheila McLean inspired a revolution in the ways in which lawyers, doctors, courts and patients perceive the relationship between medicine and the law. The first International Bar Association Professor of Law and Ethics in Medicine, she has worked tirelessly to champion the importance of law’s role in regulating medicine and protecting patients’ rights. The span in content of this book reflects the range of contributions that Professor McLean has herself made. Her work gave direction and shape to a new field of study at a time when few questioned the authority of medicine or thought much about the plight of the patient. This collection brings together 21 leading scholars in healthcare law and ethics to honour the depth and significance of her contribution. Including authors from the US, Australia, Canada and New Zealand, the contributions cover areas as diverse as start and end of life, reproductive rights and termination of pregnancy, autonomy of patients, the protection of vulnerable patient groups, and the challenges posed by new technologies.

Gender Stereotyping

Transnational Legal Perspectives
Author: Rebecca J. Cook,Simone Cusack
Publisher: University of Pennsylvania Press
ISBN: 0812205928
Category: Law
Page: 288
View: 3563

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Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations. According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.

Repealing the 8th

Reforming Irish abortion law
Author: de Londras, Fiona,Enright, Mairead
Publisher: Policy Press
ISBN: 1447347528
Category: Social Science
Page: 152
View: 6827

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Available Open Access under CC-BY licence. Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the “unborn” as having a right to life equal to that of the “mother”. Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.

Reproductive Health and Human Rights

Integrating Medicine, Ethics, and Law
Author: Rebecca J. Cook,Bernard M. Dickens,Mahmoud F. Fathalla
Publisher: Clarendon Press
ISBN: 0191553832
Category: Philosophy
Page: 582
View: 953

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The concept of reproductive health promises to play a crucial role in improving women's health and rights around the world. It was internationally endorsed by a United Nations conference in 1994, but remains controversial because of the challenge it presents to conservative agencies: it challenges policies of suppressing public discussion on human sexuality and regulating its private expressions. Reproductive Health and Human Rights is designed to equip healthcare providers and administrators to integrate ethical, legal, and human rights principles in protection and promotion of reproductive health, and to inform lawyers and women's health advocates about aspects of medicine and healthcare systems that affect reproduction. Rebecca Cook, Bernard Dickens, and Mahmoud Fathalla, leading international authorities on reproductive medicine, human rights, medical law, and bioethics, integrate their disciplines to provide an accessible but comprehensive introduction to reproductive and sexual health. They analyse fifteen case-studies of recurrent problems, focusing particularly on resource-poor settings. Approaches to resolution are considered at clinical and health system levels. They also consider kinds of social change that would relieve the underlying conditions of reproductive health dilemmas. Supporting the explanatory chapters and case-studies are extensive resources of epidemiological data, human rights documents, and research materials and websites on reproductive and sexual health. In explaining ethics, law, and human rights to healthcare providers and administrators, and reproductive health to lawyers and women's health advocates, the authors explore and illustrate limitations and dysfunctions of prevailing health systems and their legal regulation, but also propose opportunities for reform. They draw on the values and principles of ethics and human rights recognized in national and international legal systems, to guide healthcare providers and administrators, lawyers, governments, and national and international agencies and legal tribunals. Reproductive Health and Human Rights will be an invaluable resource for all those working to improve services and legal protection for women around the world. Updates to this book, and information on translations to French, Spanish, Portuguese, Chinese and Arabic are now available at www.law.utoronto.ca/faculty/cook/ReproductiveHealth.html

Women's Human Rights

The International and Comparative Law Casebook
Author: Susan Deller Ross
Publisher: University of Pennsylvania Press
ISBN: 0812200020
Category: Law
Page: 704
View: 9985

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According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Approaches and Methodologies in the Social Sciences

A Pluralist Perspective
Author: Donatella Della Porta,Michael Keating
Publisher: Cambridge University Press
ISBN: 1139474596
Category: Political Science
Page: N.A
View: 1114

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A revolutionary textbook introducing masters and doctoral students to the major research approaches and methodologies in the social sciences. Written by an outstanding set of scholars, and derived from successful course teaching, this volume will empower students to choose their own approach to research, to justify this approach, and to situate it within the discipline. It addresses questions of ontology, epistemology and philosophy of social science, and proceeds to issues of methodology and research design essential for producing a good research proposal. It also introduces researchers to the main issues of debate and contention in the methodology of social sciences, identifying commonalities, historic continuities and genuine differences.

Transcending Borders

Abortion in the Past and Present
Author: Shannon Stettner,Katrina Ackerman,Kristin Burnett,Travis Hay
Publisher: Springer
ISBN: 3319483994
Category: Social Science
Page: 346
View: 2275

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This multidisciplinary volume investigates different abortion and reproductive practices across time, space, geography, national boundaries, and cultures. The authors specialize in the reproductive politics of Australia, Bolivia, Cameroon, France, ‘German East Africa,’ Ireland, Japan, Sweden, South Africa, the United States, and Zanzibar, with historical focuses on the pre-modern era, nineteenth and twentieth centuries, as well as the present day. This timely work complicates the many histories and ongoing politics of abortion by exploring the conditions in which women have been forced to make these life-altering decisions.

Kingdom of Children

Culture and Controversy in the Homeschooling Movement
Author: Mitchell Stevens
Publisher: Princeton University Press
ISBN: 9781400824809
Category: Education
Page: 256
View: 6704

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More than one million American children are schooled by their parents. As their ranks grow, home schoolers are making headlines by winning national spelling bees and excelling at elite universities. The few studies conducted suggest that homeschooled children are academically successful and remarkably well socialized. Yet we still know little about this alternative to one of society's most fundamental institutions. Beyond a vague notion of children reading around the kitchen table, we don't know what home schooling looks like from the inside. Sociologist Mitchell Stevens goes behind the scenes of the homeschool movement and into the homes and meetings of home schoolers. What he finds are two very different kinds of home education--one rooted in the liberal alternative school movement of the 1960s and 1970s and one stemming from the Christian day school movement of the same era. Stevens explains how this dual history shapes the meaning and practice of home schooling today. In the process, he introduces us to an unlikely mix of parents (including fundamentalist Protestants, pagans, naturalists, and educational radicals) and notes the core values on which they agree: the sanctity of childhood and the primacy of family in the face of a highly competitive, bureaucratized society. Kingdom of Children aptly places home schoolers within longer traditions of American social activism. It reveals that home schooling is not a random collection of individuals but an elaborate social movement with its own celebrities, networks, and characteristic lifeways. Stevens shows how home schoolers have built their philosophical and religious convictions into the practical structure of the cause, and documents the political consequences of their success at doing so. Ultimately, the history of home schooling serves as a parable about the organizational strategies of the progressive left and the religious right since the 1960s.Kingdom of Children shows what happens when progressive ideals meet conventional politics, demonstrates the extraordinary political capacity of conservative Protestantism, and explains the subtle ways in which cultural sensibility shapes social movement outcomes more generally.

Human Rights of Women

National and International Perspectives
Author: Rebecca J. Cook
Publisher: University of Pennsylvania Press
ISBN: 0812201663
Category: Law
Page: 656
View: 1387

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Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.

Baby Markets

Money and the New Politics of Creating Families
Author: Michele Goodwin
Publisher: Cambridge University Press
ISBN: 0521513731
Category: Family & Relationships
Page: 314
View: 5593

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Creating families can no longer be described by heterosexual reproduction in the intimacy of a couple's home and the privacy of their bedroom. To the contrary, babies can be brought into families through complex matrixes involving lawyers, coordinators, surrogates, 'brokers', donors, sellers, endocrinologists, and without any traditional forms of intimacy. In direct response to the need and desire to parent, men, women, and couples - gay and straight - have turned to viable, alternative means: baby markets. This book examines the ways in which Westerners create families through private, market processes. From homosexual couples skirting Mother Nature by going to the assisted reproductive realm and buying the sperm or ova that will complete the reproductive process, to Americans travelling abroad to acquire children in China, Korea, or Ethiopia, market dynamics influence how babies and toddlers come into Western families. Michele Goodwin and a group of contributing experts explore how financial interests, aesthetic preferences, pop culture, children's needs, race, class, sex, religion, and social customs influences the law and economics of baby markets.

Northern / Irish Feminist Judgments

Judges' Troubles and the Gendered Politics of Identity
Author: Máiréad Enright,Julie McCandless,Aoife O'Donoghue
Publisher: Bloomsbury Publishing
ISBN: 1509908943
Category: Law
Page: 624
View: 3579

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The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast

Pan American Women

U.S. Internationalists and Revolutionary Mexico
Author: Megan Threlkeld
Publisher: University of Pennsylvania Press
ISBN: 0812246330
Category: History
Page: 256
View: 5710

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In the years following World War I, women activists in the United States and Europe saw themselves as leaders of a globalizing movement to promote women's rights and international peace. In hopes of advancing alliances, U.S. internationalists such as Jane Addams, Carrie Chapman Catt, and Doris Stevens reached across the border to their colleagues in Mexico, including educator Margarita Robles de Mendoza and feminist Hermila Galindo. They established new organizations, sponsored conferences, and rallied for peaceful relations between the two countries. But diplomatic tensions and the ongoing Mexican Revolution complicated their efforts. In Pan American Women, Megan Threlkeld chronicles the clash of political ideologies between U.S. and Mexican women during an era of war and revolution. Promoting a "human internationalism" (in the words of Addams), U.S. women overestimated the universal acceptance of their ideas. They considered nationalism an ethos to be overcome, while the revolutionary spirit of Mexico inspired female citizens there to embrace ideas and reforms that focused on their homeland. Although U.S. women gradually became less imperialistic in their outlook and more sophisticated in their organizational efforts, they could not overcome the deep divide between their own vision of international cooperation and Mexican women's nationalist aspirations. Pan American Women exposes the tensions of imperialism, revolutionary nationalism, and internationalism that challenged women's efforts to build an inter-American movement for peace and equality, in the process demonstrating the importance of viewing women's political history through a wider geographic lens.

Imagining Law:

Essays in Conversation with Judith Gardam
Author: Dale Stephens,Paul Babie
Publisher: University of Adelaide Press
ISBN: 192526131X
Category: Law
Page: 332
View: 3888

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By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.

Defending Battered Women on Trial

Lessons from the Transcripts
Author: Elizabeth A. Sheehy
Publisher: UBC Press
ISBN: 0774826533
Category: Family & Relationships
Page: 492
View: 3734

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In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.

Active Complementarity

Legal Information Transfer
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788293081562
Category: Complementarity (International law)
Page: 571
View: 8338

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'Positive complementarity' has become a trendy term since the 2010 Kampala Review Conference. Little thought went into its definition when it was first coined in informal discussions at the International Criminal Court in 2003. 'Complementarity' in the Court's Statute is a passive admissibility threshold below which the Court will not investigate or prosecute. The process to construct national ability to investigate and prosecute core international crimes, on the other hand, requires tireless efforts by numerous international and national actors for many years to come. Democratizing the access to legal information should lie at the heart of such capacity building and knowledge-transfer. One way of reducing existing conditions of inequality faced by war crimes lawyers and investigators operating in different jurisdictions is to facilitate the direct access of national actors to legal sources and knowledge. This book seeks to make the existing capacity building discourse more practical, focused and real. It brings together contributions by persons with expertise in the practice of capacity building, the development and maintenance of tools that can be used to make knowledge-transfer more effective and sustainable, and international criminal law. The Legal Tools Project of the International Criminal Court - a technical platform that can be used by those who intend to strengthen capacity - is discussed in some detail.