Larry MayCambridge University Press, 12/9/2010EAN 9780521152358, ISBN10: 0521152356Paperback, 260 pages, 22.8 x 15.2 x 1.5 cmLanguage: EnglishThe idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.1. Introductionunderstanding global procedural justicePart I. Procedural Rights and Magna Carta's Legacy2. Magna Carta and the interstices of procedure3. The nature and value of procedural rights4. International law and the inner morality of lawPart II. Habeas Corpus and Jus Cogens5. Habeas corpus as a minimalist right6. Due process, judicial review, and expanding habeas corpus7. Habeas corpus as jus cogens in international lawPart III. Deportation, Outlawry and Trial by Jury8. Collective punishment and mass confinement9. Non-refoulement and rendition10. The right to be subject to international lawPart IV. Security and Global Institutions11. Alternative institutional structures12. Global procedural rights and security.
