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Author: Surendra Bhandari Publisher: ISBN: 9781536110265 Category : Languages : en Pages : 473
Book Description
More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organisations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonisation between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalisation, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.
Author: Surendra Bhandari Publisher: ISBN: 9781536110265 Category : Languages : en Pages : 473
Book Description
More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organisations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonisation between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalisation, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.
Author: Surendra Bhandari Publisher: ISBN: 9781634834575 Category : Comparative law Languages : en Pages : 459
Book Description
More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.
Author: Edward S. Cohen Publisher: Routledge ISBN: 1000554201 Category : Law Languages : en Pages : 189
Book Description
Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.
Author: Julian Ku Publisher: Oxford University Press ISBN: 0199913447 Category : Law Languages : en Pages : 281
Book Description
In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.
Author: Christopher C. Joyner Publisher: Rowman & Littlefield ISBN: 9780742500099 Category : Law Languages : en Pages : 388
Book Description
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.
Author: Malcolm Langford Publisher: Cambridge University Press ISBN: 1107012775 Category : Law Languages : en Pages : 497
Book Description
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author: Martin Belov Publisher: Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook ISBN: 9783631673089 Category : International cooperation Languages : en Pages : 0
Book Description
The book is devoted to the effects of globalisation and global governance on the state, law and society. It provides a multidiscoursive analysis that challenges the traditional constitutional and political concepts with view to their structural and functional changes produced by the emergence of supranational constitutionalism and decision making.
Author: Koen De Feyter Publisher: Routledge ISBN: 1351933132 Category : Law Languages : en Pages : 578
Book Description
There is a growing awareness that international law insufficiently protects common global interests and that States and non-State actors need to work together to protect global aims. The focus of this book is on the different fields of international law where there is a need for global cooperation to achieve common aims, for example: the law of the sea; protection of world cultural heritage; sustainable development, biological diversity and climate change; human rights; and international crimes. The volume also identifies the legal developments which have taken place, for example treaties which use the language of ’common heritage of mankind’ or ’common concern of humanity’, thereby identifying global concerns and reflecting a global set of values and interests independent of the interests of States.
Author: Abdelhamid El Ouali Publisher: Springer Science & Business Media ISBN: 3642228690 Category : Law Languages : en Pages : 407
Book Description
This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
Author: Surendra Bhandari
Author: Surendra Bhandari
Author: Surendra Bhandari
Author: Edward S. Cohen
Author: Inis L. Claude
Author: Julian Ku
Author: Christopher C. Joyner
Author: Malcolm Langford
Author: Martin Belov
Author: Koen De Feyter
Author: Abdelhamid El Ouali