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Author: Katrin Nyman-Metcalf (jurist.) Publisher: Intersentia nv ISBN: 9050954626 Category : Central America Languages : en Pages : 136
Book Description
The success of European integration and the political stability and economic prosperity it offers to its members has found followers elsewhere. Several countries in different parts of world have been inclined to embark on projects of regional integration. Though the majority of them are limited to economic integration objectives, some, in particular, regional groups in Latin America, profess to attain ambitious political goals and are constructed emulating the EU institutional structure. In some cases, this structure includes a regional court of justice, entrusted with telling community law and solving differences between Member States. The aim of this book is to study the importance of such courts of justice as institutional actors for the development of regional integration. In such a project, the study of the EU and the European Court of Justice immediately presents itself as most relevant and important. However, the book expands the study beyond an examination of the EU to encompass a comparative approach with other regional courts of justice, in particular the Central American Court of Justice and, subsidiarily, the Andean Court of Justice. Such a comparison allows both to assess the important differences between the courts as well as between the integration processes and to draw certain common features at present and for the future institutional evolution of other regional integration blocs. Katrin Nyman-Metcalf has a PhD in Law from Uppsala University in Sweden, specialised in Public International and EU law. She is Associate Professor at Riga Graduate School of Law, Latvia, and Concordia University, Estonia, as well as visiting professor at several other European universities. Apart from the academic work, she works as a legal consultant mainly in East and Central Europe with legislation, institution buildýng and EU accession preparation. Ioannis Papageorgiou has studied Law in Athens, Comparative Politics in Paris and holds a PhD in Development Cooperation, with specialization in Latin America, from the Université Libre de Bruxelles (ULB). He is an attorney-at-law in Athens, a consultant on migration and refugee matters and, since 2002, he teaches international migration in the School of Sociology of the University of the Aegean. He also taught EU Politics and Constitution in the Aristotle University of Thessaloniki.
Author: Katrin Nyman-Metcalf (jurist.) Publisher: Intersentia nv ISBN: 9050954626 Category : Central America Languages : en Pages : 136
Book Description
The success of European integration and the political stability and economic prosperity it offers to its members has found followers elsewhere. Several countries in different parts of world have been inclined to embark on projects of regional integration. Though the majority of them are limited to economic integration objectives, some, in particular, regional groups in Latin America, profess to attain ambitious political goals and are constructed emulating the EU institutional structure. In some cases, this structure includes a regional court of justice, entrusted with telling community law and solving differences between Member States. The aim of this book is to study the importance of such courts of justice as institutional actors for the development of regional integration. In such a project, the study of the EU and the European Court of Justice immediately presents itself as most relevant and important. However, the book expands the study beyond an examination of the EU to encompass a comparative approach with other regional courts of justice, in particular the Central American Court of Justice and, subsidiarily, the Andean Court of Justice. Such a comparison allows both to assess the important differences between the courts as well as between the integration processes and to draw certain common features at present and for the future institutional evolution of other regional integration blocs. Katrin Nyman-Metcalf has a PhD in Law from Uppsala University in Sweden, specialised in Public International and EU law. She is Associate Professor at Riga Graduate School of Law, Latvia, and Concordia University, Estonia, as well as visiting professor at several other European universities. Apart from the academic work, she works as a legal consultant mainly in East and Central Europe with legislation, institution buildýng and EU accession preparation. Ioannis Papageorgiou has studied Law in Athens, Comparative Politics in Paris and holds a PhD in Development Cooperation, with specialization in Latin America, from the Université Libre de Bruxelles (ULB). He is an attorney-at-law in Athens, a consultant on migration and refugee matters and, since 2002, he teaches international migration in the School of Sociology of the University of the Aegean. He also taught EU Politics and Constitution in the Aristotle University of Thessaloniki.
Author: Jan Yves Remy Publisher: Routledge ISBN: 9781138688346 Category : Languages : en Pages : 296
Book Description
The Caribbean Court of Justice came into operation in 2005 and is based in Trinidad. It has two distinct roles - it acts as an international court in relation to the treaty governing the integration of Caribbean states, and it also acts as an appeal court (replacing the UK Privy Council) for civil and criminal cases from certain Caribbean states. This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts - the European Court of Justice, the Andean Community Tribunal, the Southern African Development Community Tribunal and the East African Court of Justice.
Author: Clarence J. Mann Publisher: Springer ISBN: 9401194831 Category : Social Science Languages : en Pages : 581
Book Description
The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.
Author: David S. Berry Publisher: ISBN: 0199670072 Category : Law Languages : en Pages : 512
Book Description
Two key regional organisations in the Caribbean, the Caribbean Community and the Organisation of Eastern Caribbean States, had their roles fundamentally expanded in 2001 by treaties that developed a single market and a regional court. This book sets out the new roles of these organisations and their impact on regional integration in the Caribbean.
Author: Karin Deichmann Publisher: Universitätsverlag Göttingen ISBN: 3863954688 Category : Democracy Languages : en Pages : 304
Book Description
The protection of human rights and popular participation on the first sight seem to contradict the often-existing image of the African continent. However, with the foundation of the African Union in 2000, both aspects gain greater importance on regional level. Besides that, many subregional courts within the sphere of sub-Sahara Africa partially started to develop human rights-related jurisdiction. In addition to that, most regional economic communities nowadays provide for their own parliamentary structures. The study aims to examine the several institutional structures and their competences on both, regional and subregional level. Besides that, it provides for a profound analysis of the jurisdiction of the respective courts as well as the communications of the African Commission of Human and Peoples’ Rights. Lastly, the study focuses on the correlation between the extension of the institutions’ competences and the political will of the involved governments.
Author: Jörg Kleis Publisher: ISBN: 9783848731329 Category : Africa Languages : en Pages : 0
Book Description
African Regional Communities have been portrayed by international legal scholars on a regular basis. Yet, this is only partially the case with regard to their respective judicial organs. For the first time a contribution exclusively focuses on the West African ECOWAS, the Southern African SADC and the East African EAC courts and their jurisprudence. After outlining the potential of community courts to contribute to integration follows a microscopic analysis of pertinent extracts from their judgments regarding the courts' methodology, their jurisdiction and procedural law, the hierarchy between community and national legislation, the question of regional human rights protection and the essential obstacle to integration, which is non-compliance. The research is completed by evaluating whether the three courts had a share in the integration process and to what extent they are able to further promote integration in the future.
Author: Osvaldo Saldias Publisher: Routledge ISBN: 1134114737 Category : Law Languages : en Pages : 196
Book Description
The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact), focusing on the establishment of the Andean Court of Justice and its case law, as well as the intellectual underpinnings that made such an impressive reform possible. The court is a transplant taken from the European integration process, and it materializes the visions, expectations, and dreams of the transnational development movement of "integration through law". The book discusses the outcomes of the Court in light of the debates about judicial reform in the process of development and regional integration. Although clearly confirming several earlier claims that "one size does not fit all", Osvaldo Saldias provides new insights into how legal transplants adapt and evolve, and how we can learn much more about legal reform from a project that presumably failed than from successful copies. The Andean Court of Justice is a remarkable example of an institution capable of adapting to political and economic challenges; therefore, in times of a severe European economic crisis we should not forget that we might improve our understanding of European integration by looking at developments in other regions. An interesting new study with an international focus, this book will be a fascinating read for students and scholars of Law and Latin American Studies.
Author: Stefan Kadelbach Publisher: Springer ISBN: 3319948482 Category : Law Languages : en Pages : 663
Book Description
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Author: Katrin Nyman-Metcalf (jurist.)
Author: Katrin Nyman-Metcalf (jurist.)
Author: Jan Yves Remy
Author: C J Mann
Author: Clarence J. Mann
Author: 
Author: David S. Berry
Author: Karin Deichmann
Author: Jörg Kleis
Author: Osvaldo Saldias
Author: Stefan Kadelbach