Transnational human rights litigation : challenging the death penalty and criminalization of homosexuality in the Commonwealth /
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Author / Creator: | Novak, Andrew. |
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Imprint: | Cham : Springer, ©2020. |
Description: | 1 online resource (191 pages) |
Language: | English |
Series: | Ius Gentium ; v. 75 Ius gentium (Dordrecht, Netherlands) ; v. 75. |
Subject: | |
Format: | E-Resource Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/12456027 |
Table of Contents:
- Intro; Acknowledgements; Contents; About the Author; 1 Introduction; 1.1 Putting Lawyers into the Picture; 1.2 Commonwealth Laws, Links, and Networks; 1.3 The Organization of the Book; References; 2 Applying the Lens of Transnational Advocacy Networks to Human Rights Litigation; 2.1 Introduction; 2.2 Litigation, Norms, and Networks; 2.3 Litigation as Norm Diffusion; 2.4 Cause Lawyers as Norm Entrepreneurs; 2.5 Conclusion; References; 3 Transnational Legal Citation as Method of Norm Diffusion; 3.1 Introduction; 3.2 Global Judicial Dialogue as Method of Norm Diffusion
- 3.3 Legal Advocates as Instrumental Actors in Transnational Legal Citation3.4 A Role for the Global South; 3.5 Conclusion; References; 4 Litigation and the Abolition of the Mandatory Death Penalty; 4.1 Introduction; 4.2 Abolition of the Death Penalty as Emerging International Norm; 4.3 Commonwealth Death Penalty Litigation as Norm Diffusion; 4.4 The Impact of Litigation on Death Penalty Norms; 4.5 Diffusion of the Anti-mandatory Death Penalty Norm Through Litigation; 4.6 The Harmonizing Effects of Transnational Death Penalty Jurisprudence
- 4.6.1 Kenya Supreme Court: Muruatetu v. Attorney General4.6.2 Caribbean Court of Justice: Nervais and Severin v. Queen; 4.7 Conclusion; References; 5 Litigation and the Decriminalization of Homosexuality; 5.1 Introduction; 5.2 LGBT Rights as Norms in Diffusion; 5.3 Toward a Commonwealth Strategy to Abolish Anti-sodomy Laws; 5.4 The Transnational Judicial Dialogue and Anti-sodomy Laws; 5.5 A Shift Toward the Global South?; 5.5.1 Belize Supreme Court: Orozco v. Attorney General; 5.5.2 India Supreme Court: From Naz Foundation to Johar v. Union of India
- 5.5.3 The Kenya and Botswana High Courts: Gitari and Motshidiemang5.6 Conclusion; References; 6 Conclusion; 6.1 The Case for Comparative Law; 6.2 A Commonwealth Human Rights Strategy; References; Index