Habeas Corpus in International Law

International Law

Habeas Corpus in International Law

By Brian F. Farrell
Cambridge University Press December 2016

Specifications

ISBN-13
9781107151772
Publisher
Cambridge University Press
Publication
December 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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 the primary challenges to habeas corpus, in particular its applicability during armed conflict, the possibility of derogation, 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.

Table of Contents

Introduction
1. The development of habeas corpus in English law
2. The universal declaration of human rights
3. The international covenant on civil and political rights
4. Habeas corpus and regional human rights systems
5. Challenges to the effectiveness of habeas corpus
6. The importance of effective international habeas corpus guarantees
7. Strengthening habeas corpus in international law.
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