Habeas corpus in international law / Brian F. Farrell (University of Iowa).

Format:

Book

Author/Creator:

Farrell, Brian R. (Brian Richard), author.

Language:

English

Subjects (All):

Due process of law.

Habeas corpus.

International law.

Civil rights.

Human rights.

Physical Description:

1 online resource (xxii, 257 pages) : digital, PDF file(s)

Place of Publication:

New York : Cambridge University Press, 2017.

System Details:

text file

PDF

Summary:

Habeas Corpus in International Law is the first comprehensive examination of this subject. It looks at the location, scope, and significance of the right to a judicial determination of the legality of one's detention as guaranteed by international and regional human rights instruments. First, it examines the history of habeas corpus and its place in human rights treaties, providing a useful resource for understanding the status and application of this internationally-protected right. The book continues by identifying and analyzing the primary challenges to habeas corpus, in particular its applicability during armed conflict, the possibility of derogation, and its extraterritorial application and procedural shortcomings. The book next addresses the significance of habeas corpus guarantees not just in protecting personal liberty, but in promoting the international rule of law by serving as a unique check on executive action. Finally, it offers suggestions on how this right might be strengthened.

Contents:

The development of habeas corpus in domestic law

The universal declaration of human rights

The international covenant of civil and political rights

Habeas corpus and regional human rights systems

Challenges to the effectiveness of habeas corpus

The importance of effective international habeas corpus guarantees

Strengthening habeas corpus in international law.

Notes:

Title from publisher's bibliographic system (viewed on 06 Jan 2017).

Other Format:

Print version:

ISBN:

9781316585184

Access Restriction:

Restricted for use by site license.