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Habeas Corpus in International Law

By (author) Brian R. Farrell
Format: Paperback / softback
Publisher: Cambridge University Press, Cambridge, United Kingdom
Published: 10th May 2018
Dimensions: w 152mm h 229mm d 15mm
Weight: 380g
ISBN-10: 1316606252
ISBN-13: 9781316606254
Barcode No: 9781316606254
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Synopsis
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.

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'In Habeas Corpus in International Law, Farrell thoroughly reviews the writ of habeas corpus from its origins to its current standard as an international legal bellwether. ... Farrell addresses these issues of interaction by examining several areas, including the role of habeas corpus in armed conflict, territorial limits, and procedural concerns in the current war on terror.' W. R. Pruitt, CHOICE