You searched for: Content Type Journal Article Remove constraint Content Type: Journal Article Publishing Institution Carnegie Council Remove constraint Publishing Institution: Carnegie Council Political Geography United Kingdom Remove constraint Political Geography: United Kingdom Publication Year within 25 Years Remove constraint Publication Year: within 25 Years Topic Human Rights Remove constraint Topic: Human Rights
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  • Author: Eric Posner
  • Publication Date: 12-2011
  • Content Type: Journal Article
  • Journal: Ethics & International Affairs
  • Institution: Carnegie Council
  • Abstract: In his latest book, Larry May argues that two rights—the right to habeas corpus and to non-refoulement—should be incorporated into international law as jus cogens norms. Habeas corpus, which is recognized in the United Kingdom, the United States, and a few other countries with U.K.-derived legal systems, is a legal procedure in which a prisoner can appear in court and challenge the basis of his detention. Non-refoulement is the principle that states should not deport aliens who are unlawfully on their soil if the aliens will be persecuted or abused in the state to which they will be returned. There is currently no right to habeas corpus in international law; most states have agreed to recognize limited rights of non-refoulement. Jus cogens norms are norms of international law that bind states even if they reject them, in contrast to ordinary international legal norms, which require states' consent. Torture, slavery, genocide, and aggressive war are generally thought to be on the list of jus cogens prohibitions, and it is to this group that May wants to add the failure to offer habeas corpus and the deportation of aliens to states where they are likely to be abused.
  • Topic: Human Rights
  • Political Geography: United States, United Kingdom