Global Justice and Due Process [Hardcover]

Examines due process as center stage in international law, especially in connection with legal black holes such as Guantanamo.The 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 legal rights of detainees at Guantanamo and in refugee camps.The 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 legal rights of detainees at Guantanamo and in refugee camps.The 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. Introduction: understanding global procedural justice; Part I. Procedural Rights and Magna Carta's Legacy: 2. Magna Carta and the interstices of procedure; 3. The nature and value of procedural rights; 4. International law and the inner morality of law; Part II. Habeas Corpus and Jus Cogens: 5. Habeas corpus as a minimalist right; 6. Due process, judicial review, and expanding habeas corpus; 7. Habeas corpus as jus cogens in international law; Part III. Deportation, Outlawry and Trial by Jury: 8. Cls