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Author: Felix Lange Publisher: Edward Elgar Publishing ISBN: 1035324350 Category : Political Science Languages : en Pages : 353
Book Description
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
Author: Felix Lange Publisher: Edward Elgar Publishing ISBN: 1035324350 Category : Political Science Languages : en Pages : 353
Book Description
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
Author: Philip Alston Publisher: Cambridge University Press ISBN: 9780521645744 Category : Law Languages : en Pages : 604
Book Description
Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.
Author: Carlos Closa Publisher: Routledge ISBN: 1136767312 Category : Political Science Languages : en Pages : 245
Book Description
Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself. The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.
Author: Curtis A. Bradley Publisher: Oxford University Press ISBN: 0190653353 Category : Law Languages : en Pages : 891
Book Description
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Author: David Sloss Publisher: Cambridge University Press ISBN: 052187730X Category : Law Languages : en Pages : 657
Book Description
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 1107020565 Category : Law Languages : en Pages : 407
Book Description
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author: Wayne Sandholtz Publisher: Edward Elgar Publishing ISBN: 1783473983 Category : Law Languages : en Pages : 609
Book Description
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Author: Anthea Roberts Publisher: Oxford University Press ISBN: 0190697571 Category : Law Languages : en Pages : 641
Book Description
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
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: Felix Lange
Author: Felix Lange
Author: Philip Alston
Author: Council of Europe. Directorate of Legal Affairs
Author: Carlos Closa
Author: Curtis A. Bradley
Author: David Sloss
Author: Tom Ginsburg
Author: Wayne Sandholtz
Author: Anthea Roberts
Author: Hal Shapiro