Separating Powers International Law before National Courts

Author: David Haljan
Publisher: Springer Science & Business Media
ISBN: 9067048585
Format: PDF, Mobi
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The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

The Oxford Handbook of the Sources of International Law

Author: Jean d'Aspremont
Publisher: Oxford University Press
ISBN: 0191062553
Format: PDF, Kindle
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The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international ", i.e. legally binding norms? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. Thisandbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

Treaties Under Indonesian Law

Author: Dr. Iur. Damos Dumoli Agusman
Publisher: Rosda
ISBN: 9796925974
Format: PDF, Docs
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Buku ini meneliti masalah perjanjian di bawah hukum internasional dalam hubungannya dengan hukum domestik, buku ini terutama ditujukan untuk siswa, legislator dan praktisi hukum yang tertarik menegakkan hukum internasional di Indonesia. Buku ini semakin menarik karena berisi analisis komparatif dari negara-negara yang dipilih: China, Afrika Selatan, Jerman dan Belanda. Buku Persembahan Penerbit Rosda

Research Handbook on the Law of Treaties

Author: Christian J. Tams
Publisher: Edward Elgar Publishing
ISBN: 0857934783
Format: PDF, ePub
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Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor

Jenseits der Menschenrechte

Author: Anne Peters
Publisher: Mohr Siebeck
ISBN: 9783161527494
Format: PDF, Kindle
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Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.

The European Court and National Courts

Author: Anne-Marie Slaughter
Publisher: Bloomsbury Publishing
ISBN: 1847316778
Format: PDF, ePub, Mobi
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The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.

The Procedural Status of the Individual before International and Supranational Tribunals

Author: W. Paul Gormley
Publisher: Springer Science & Business Media
ISBN: 9401195307
Format: PDF, ePub, Docs
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The most important sipgle factor in guaranteeing the effective pro tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.

Religious Actors and International Law

Author: Ioana Cismas
Publisher: OUP Oxford
ISBN: 019102189X
Format: PDF, ePub, Docs
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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

The Role of the Judge in International Trade Regulation

Author: Thomas Cottier
Publisher: University of Michigan Press
ISBN: 9780472024995
Format: PDF, Kindle
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The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.

Diplomacy and International Law in Globalized Relations

Author: Wilfried Bolewski
Publisher: Springer Science & Business Media
ISBN: 3540711015
Format: PDF, ePub, Mobi
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Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.