International Law And Domestic Legal Systems

Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 0199694907
Size: 17.48 MB
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By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.

Protecting Stateless Persons

Author: Katia Bianchini
Publisher: BRILL
ISBN: 9004362908
Size: 53.55 MB
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In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers a study of legislation, case-law and decision-making concerning the protection of stateless persons in ten EU Member States.

The Interpretation Of International Law By Domestic Courts

Author: Helmut Philipp Aust
Publisher: Oxford University Press
ISBN: 0198738927
Size: 72.33 MB
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This book explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.

The Rule Of Law In Global Governance

Author: Monika Heupel
Publisher: Springer
ISBN: 134995053X
Size: 77.35 MB
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This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.

An Introduction To Contemporary International Law

Author: Lung-chu Chen
Publisher: Oxford University Press, USA
ISBN: 0190227990
Size: 74.52 MB
Format: PDF
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An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.

Public Policy In International Economic Law

Author: Diane Desierto
Publisher: OUP Oxford
ISBN: 0191026484
Size: 38.45 MB
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Reflections On Canada S Past Present And Future In International Law R Flexions Sur Le Pass Le Pr Sent Et L Avenir Du Canada En Droit International

Author: Oonagh E. Fitzgerald
Publisher: McGill-Queen's Press - MQUP
ISBN: 1928096697
Size: 36.31 MB
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Marking 150 years since Confederation provides an opportunity for Canadian international law practitioners and scholars to reflect on Canada’s rich history in international law and governance, where we find ourselves today in the community of nations, and how we might help shape a future in which Canada’s rules-based and progressive approach to international law gains ascendancy. This collection of essays, each written in the official language chosen by the authors, provides a thoughtful perspective on Canada’s past and present in international law, surveys the challenges that lie before us, and offers renewed focus for Canada’s pursuit of global justice and the rule of law. Part I explores the history and practice of international law, including sources of international law, Indigenous treaties, international treaty diplomacy, domestic reception of international law, and Parliament’s role in international law. Part II explores Canada’s role in international law, governance and innovation in the broad fields of economic, environmental, and intellectual property law. Part III explores Canadian perspectives on developments in international human rights and humanitarian law, including judicial implementation of these obligations, international labour law, business and human rights, international criminal law, war crimes, child soldiers, and gender. Reflections on Canada’s Past, Present and Future in International Law/Réflexions sur le passé, le présent et l’avenir du Canada en droit international demonstrates the pivotal role that Canada has played in the development of international law and signals the essential contributions the country is poised to make in the future.

International Law

Author: Lori Fisler Damrosch
Publisher: West Academic Publishing
ISBN:
Size: 73.27 MB
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Updated with an emphasis on current issues, this classic casebook emphasizes developments in international law, with expertly edited cases and problems for class discussion. Cases and Materials on International Law offers a treatment of the subject for introductory and advanced classes and detailed readings and reference materials for those who wish to pursue topics in depth. The fourth edition enriches every chapter with new information on institutions contributing to the sources and enforcement of international law, including the World Trade Organization, the International Criminal Tribunals for Yugoslavia and Rwanda, the prospective International Criminal Court, and organizations in the fields of law of the sea and arms control. International criminal law now has a chapter of its own, and the casebook gives expanded treatment to human rights, environmental law, and economic law.