Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

Price: £175.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


UK Public Holiday May 2017

Wildy's will be closed on Monday 29th May and will re-open on Tuesday 30th May.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual Credit Cards will not be charged until the order is processed and ready to despatch.

Any non-UK eBook orders placed after 5pm on the Friday 26th May will not be processed until Tuesday 30th May. UK eBook orders will be processed as normal.

Hide this message

Jurisdiction, Immunity and Transnational Human Rights Litigation

Image not available lge

ISBN13: 9780415666381
To be Published: October 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00



This book examines, from the perspective of public international law, various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses through the means mainly of bringing legal action against alleged violators of human rights. The central concern is whether and how remedies can be obtained in respect of human rights violations committed by foreign nationals outside the territory of the forum State, especially where the State in whose territory such offences were committed, or the national State of the alleged offender, is unable or unwilling to exercise jurisdiction.

The book examines the core issues involved in such type of transnational human rights litigation including: the extent and limitations of universal jurisdiction in current international law; the scope of individual criminal liability and how far current international law has allowed such liability to be canvassed and enforced in various fora. It goes on to discuss the current exclusion of criminal proceedings from the law on State immunity, absolute immunity for senior State officials even where international crimes are involved and the failure as yet of national courts to give judicial cognizance to the argument of jus cogens. Before finally considering the issue of immunity before international tribunals with a view to seeing how far international tribunals can provide a viable alternative avenue for solving the difficulties envisaged. In showing how current international law is inadequate in dealing with the type of extra-forum-State human rights violations, Xiaodong Yang demonstrates that a fundamental change in current international law is needed before the protection of human rights can truly achieve an international dimension.

Image not available lge
Subjects:
Human Rights and Civil Liberties, International Criminal Law
Contents:
1. The Problems of Transnational Human Rights Litigation
2. The Notion of Universal Jurisdiction
3. Individual Criminal Liability under International Law
4. State Immunity and Criminal Proceedings
5. Immunity of State Officials
6. International Crimes and the Defence of State Immunity
7. Jus Cogens and the Question of Immunity