Jurisdiction

Author: Shaunnagh Dorsett
Publisher: Routledge
ISBN: 1136295097
Format: PDF, ePub
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This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law). This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.

Critical Approaches to International Criminal Law

Author: Christine Schwöbel
Publisher: Routledge
ISBN: 1317929217
Format: PDF, ePub, Docs
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Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.

Critical Indigenous Rights Studies

Author: Giselle Corradi
Publisher: Routledge
ISBN: 135174755X
Format: PDF
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The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, how new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law, and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.

Chronotopes of Law

Author: Mariana Valverde
Publisher: Routledge
ISBN: 1134714726
Format: PDF
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This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination. Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geographers and legal scholars have proliferated in recent years, but these research traditions have remained largely separate. By adapting notions such as intertextuality, dialogism, and the ‘chronotope’ from Mikhail Bakhtin, notions designed specifically to synthesize considerations of space and time in a framework that is open-ended, interactive and dynamic, Mariana Valverde develops an anti-metaphysical theory and method for legal studies. This approach will be useful both to theorists and to researchers seeking to illuminate the actual workings of law and other forms of governance. Indeed, a key aim of the book is to break down the institutional and disciplinary barriers that prevent theorists from learning from empirical studies and viceversa. Written by one of the foremost sociolegal scholars writing today, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society.

Trans jurisdictional Water Law and Governance

Author: Janice Gray
Publisher: Routledge
ISBN: 1317401158
Format: PDF, Mobi
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Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.

Universal Jurisdiction in International Criminal Law

Author: Aisling O'Sullivan
Publisher: Taylor & Francis
ISBN: 1317301218
Format: PDF, Docs
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With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Mining in Latin America

Author: Kalowatie Deonandan
Publisher: Routledge
ISBN: 1317414500
Format: PDF, ePub, Docs
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The last two decades have witnessed a dramatic expansion and intensification of mineral resource exploitation and development across the global south, especially in Latin America. This shift has brought mining more visibly into global public debates and spurred a great deal of controversy and conflict. This volume assembles new scholarship that provides critical perspectives on these issues. The book marshals original, empirical work from leading social scientists in a variety of disciplines to address a range of questions about the practices of mining companies on the ground, the impacts of mining on host communities, and the responses to mining from communities, civil society and states. The book further explores the global and international causes, consequences and innovations of this new era of mining activity in Latin America. Key issues include the role of Canadian mining companies and their investment in the region, and, to a lesser extent, the role of Chinese mining capital. Several chapters take a regional perspective, while others are based on empirical data from specific countries including Bolivia, Brazil, El Salvador, Guatemala and Peru.

Jurisdiction in International Law

Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
ISBN: 0199688516
Format: PDF, ePub, Docs
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Jurisdiction of Medical Law

Author: Kenneth Veitch
Publisher: Routledge
ISBN: 135114622X
Format: PDF, ePub
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This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.