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Author: Hal Shapiro Publisher: BRILL ISBN: 9047440005 Category : Law Languages : en Pages : 416
Book Description
Fast track was conceived as a mundane procedural mechanism to enhance the president's credibility in negotiating complex multilateral trade agreements by streamlining the congressional approval process into an up-or-down vote in return for enhanced congressional oversight. It allows the President to negotiate international trade agreements knowing that Congress will provide a timely vote on the agreement without amendments. Given its seminal importance to the trade debate, however, fast track has acquired greater significance and controversy. This incisive text examines whether fast track is an evolutionary advancement in U.S. international economic agreements or an end-run around the constitutional treaty provision; whether it is a reflection of the shared constitutional powers of Congress and the President in the area of foreign affairs or an unconstitutional abdication of Congress’s power to regulate foreign commerce and its ability to set its own procedural rules; whether fast track is needed to put the United States on even footing with other nations that have efficient international agreement approval mechanisms or a unique U.S. ratification short-cut not found elsewhere; whether there is a better way for the United States to approve and implement trade agreements; whether the arguments of the left and right on fast track need a new focus; and whether there is a role for the states to play in U.S. trade policy formation. Fast Track argues that the time has come for the United States to end its perennial debate over the process by which we approve international trade agreements – i.e., whether to resort to fast track or not – and begin a debate on how best to prepare American citizens to compete in a globalized world. There are signs that the United States is not ready and may even be falling behind. Without question, this book can help formalize a requisite national strategy. Published under the Transnational Publishers imprint.
Author: Stefan A. Riesenfeld Publisher: Springer ISBN: Category : Law Languages : en Pages : 632
Book Description
This book represents the culmination of a project initiated in 1990 which brought together a group of judges, scholars and government officials to address the role of parliaments in the making and implementation of international treaty law.
Author: Hal Shapiro Publisher: BRILL ISBN: 9047440005 Category : Law Languages : en Pages : 416
Book Description
Fast track was conceived as a mundane procedural mechanism to enhance the president's credibility in negotiating complex multilateral trade agreements by streamlining the congressional approval process into an up-or-down vote in return for enhanced congressional oversight. It allows the President to negotiate international trade agreements knowing that Congress will provide a timely vote on the agreement without amendments. Given its seminal importance to the trade debate, however, fast track has acquired greater significance and controversy. This incisive text examines whether fast track is an evolutionary advancement in U.S. international economic agreements or an end-run around the constitutional treaty provision; whether it is a reflection of the shared constitutional powers of Congress and the President in the area of foreign affairs or an unconstitutional abdication of Congress’s power to regulate foreign commerce and its ability to set its own procedural rules; whether fast track is needed to put the United States on even footing with other nations that have efficient international agreement approval mechanisms or a unique U.S. ratification short-cut not found elsewhere; whether there is a better way for the United States to approve and implement trade agreements; whether the arguments of the left and right on fast track need a new focus; and whether there is a role for the states to play in U.S. trade policy formation. Fast Track argues that the time has come for the United States to end its perennial debate over the process by which we approve international trade agreements – i.e., whether to resort to fast track or not – and begin a debate on how best to prepare American citizens to compete in a globalized world. There are signs that the United States is not ready and may even be falling behind. Without question, this book can help formalize a requisite national strategy. Published under the Transnational Publishers imprint.
Author: Eyal Benvenisti Publisher: Cambridge University Press ISBN: 110841687X Category : Law Languages : en Pages : 247
Book Description
This book explores how global institutions have created democratic deficits, and the role of the courts in mitigating the effects of globalization.
Author: Eleni Methymaki Publisher: Oxford University Press ISBN: 0192679171 Category : Law Languages : en Pages : 465
Book Description
The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.
Author: Eyal Benvenisti Publisher: Cambridge University Press ISBN: 9780521640985 Category : Law Languages : en Pages : 308
Book Description
Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes. As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners.
Author: Joan Fitzpatrick Publisher: BRILL ISBN: 9004481796 Category : Law Languages : en Pages : 592
Book Description
The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
Author: John Norton Moore Publisher: ISBN: Category : Law Languages : en Pages : 192
Book Description
Treaty Interpretation addresses two important constitutional questions, whether the United States should follow the normal international legal standard in treaty interpretation rooted in the intent of the treaty parties or a new "dual'" standard of interpretation rooted in the intent of the Senate, and whether the Senate ever has constitutional authority to attach "domestic conditions" to treaties. This book has emerged from the work of the author as a consultant to the Arms Control Agency in preparing a detailed study on the respective views of Judge Sofaer and Senator Nunn in the 1980s "broad-narrow" debate as to the correct interpretation of the Anti-Ballistic Missile Treaty with the Soviet Union. This debate and the subsequent revisions to the Re-statement (Third International Conference) demonstrate the effect that one individual can have on the U.S. foreign policy. A glimpse of constitutional issues on treaty interpretations Professor Moore wrote from a personal perspective, giving your students a chance to feel the very human tension of one of the greatest debates of our time. With Treaty Interpretation, you will let your students see the people who are behind today's foreign policy, face-to-face. This text illustrates a real world example of constitutional theory in practice. The separation of powers, as envisioned by our constitutional framers, is a constant struggle. A living example of the struggle to preserve a balance is demonstrated in this text as the distribution of power to interpret and apply international agreements. Describes the corpus of international agreements The author carefully traces these impacts, differentiates them, and surfaces the nearly invisible, but profoundly important, constitutional issues in this "great debate." A must-have for those interested in constitutional treaty laws This book is a must for those concerned with treaty issues and constitutional law. This is an important reading for basic international law courses. About the Author John Norton Moore is one of the best-known international lawyers in the world. His writings on international law and constitutional dimensions of foreign policy have been read literally around the world. Among seven presidential appointments, most recently Professor Moore served for two terms as the Senate-Confirmed Chairman of the Board of Directors of the United States Institute of Peace. He has written and testified extensively on the constitutional issues and the conduct of United States foreign policy. He has also testified at Senate hearings on executive agreements and treaty terminations.
Author: Hal Shapiro
Author: Stefan A. Riesenfeld
Author: Hal Shapiro
Author: Eyal Benvenisti
Author: Eleni Methymaki
Author: Eyal Benvenisti
Author: Council of Europe. Directorate of Legal Affairs
Author: Joan Fitzpatrick
Author: John Norton Moore
Author: Jörg Polakiewicz
Author: