Constitutional Reforms and International Law in Central and Eastern Europe PDF Download
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Author: Rejn Avovič Müllerson
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105264
Category : Law
Languages : en
Pages : 376
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Book Description
The recent developments in central and eastern Europe have changed the political landscape of the world. The dissolution of the Soviet Union, Czechoslovakia and Yugoslavia, the collapse of Communism in Europe, market reforms, and the processes of democratisation are all seminal events affecting not only the countries in transition but other states as well. All these changes presuppose fundamental legal reforms. In this process most of the countries in transition have adopted new constitutions where issues of participation in the international political order and questions of international law enjoy a prominent place. This book is one outcome of many research activities concerning these transitions in central and eastern Europe at the Centre of European Law, King's College London. It contains essays about constitutional reforms and international law by leading international judges and academics. It is edited by Mads Andenas, Director of the Centre of European Law at King's College London, Malgosia Fitzmaurice, Reader in International Law at Queen Mary and Westfield College, London, and Rein Müllerson, Professor in International Law at King's College.
Author: Rejn Avovič Müllerson
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105264
Category : Law
Languages : en
Pages : 376
Get Book Here
Book Description
The recent developments in central and eastern Europe have changed the political landscape of the world. The dissolution of the Soviet Union, Czechoslovakia and Yugoslavia, the collapse of Communism in Europe, market reforms, and the processes of democratisation are all seminal events affecting not only the countries in transition but other states as well. All these changes presuppose fundamental legal reforms. In this process most of the countries in transition have adopted new constitutions where issues of participation in the international political order and questions of international law enjoy a prominent place. This book is one outcome of many research activities concerning these transitions in central and eastern Europe at the Centre of European Law, King's College London. It contains essays about constitutional reforms and international law by leading international judges and academics. It is edited by Mads Andenas, Director of the Centre of European Law at King's College London, Malgosia Fitzmaurice, Reader in International Law at Queen Mary and Westfield College, London, and Rein Müllerson, Professor in International Law at King's College.
Author: Iulia Motoc
Publisher: Cambridge University Press
ISBN: 1316558835
Category : Political Science
Languages : en
Pages : 559
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Book Description
High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
Author: Anneli Albi
Publisher: Cambridge University Press
ISBN: 9781139446150
Category : Law
Languages : en
Pages : 304
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Book Description
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
Author: Anneli Albi
Publisher: Cambridge University Press
ISBN: 9780521845410
Category : Law
Languages : en
Pages : 300
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Book Description
This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.
Author: Wojciech Sadurski
Publisher: Springer
ISBN: 9401789355
Category : Law
Languages : en
Pages : 470
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Book Description
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Author: Antonia Geisler
Publisher: Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook
ISBN: 9783631654644
Category : Civil rights
Languages : en
Pages : 0
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Book Description
The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
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Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author: Rosalind Dixon
Publisher: Oxford University Press
ISBN: 0192893769
Category : Authoritarianism
Languages : en
Pages : 241
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Book Description
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Author: Eric Stein
Publisher: University of Michigan Press
ISBN: 9780472086283
Category : History
Languages : en
Pages : 420
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Book Description
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Author: Sabine Schlemmer-Schulte
Publisher: BRILL
ISBN: 9004481028
Category : Law
Languages : en
Pages : 932
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Book Description
This Liber Amicorum is dedicated to an exceptional lawyer who laid many foundations of international finance and development law - Ibrahim F.I. Shihata - in commemoration of his retirement from the World Bank after 15 years of service as Vice-President (later Senior Vice-President) and General Counsel, and Secretary-General of the International Centre for Settlement of Investment Disputes. Ibrahim F.I. Shihata's groundbreaking contributions to the theory and practice of international law arose out of his service in major international finance and development institutions. Among the positions he held prior to his service at the World Bank and ICSID were: Legal Adviser, Kuwait Fund for Arab Economic Development; Executive Director, International Fund for Agricultural Development; Director-General, OPEC Fund for International Development; and Chairman, International Development Law Institute. He shaped these institutions' legal architecture, and advanced these institutions' contribution to development. This Liber Amicorum brings together essays of incumbent or former general counsels or heads of the World Bank, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, the Islamic Development Bank, the Nordic Investment Bank, the International Fund for Agricultural Development, the OPEC Fund, the Arab Fund for Economic and Social Development, and other international finance and development institutions. Collectively with distinguished academics, jurists, and arbitrators in international tribunals, such as the International Court of Justice, World Trade Organization's Appellate Body, and the International Centre for Settlement of Investment Disputes, well-known practitioners and colleagues of Dr. Shihata at the World Bank's Legal Department, they write about current and emerging issues in international finance and development law. These include issues such as the various institutions' special development assistance profile, the settlement of international investment disputes, foreign investment law, legal and judicial reform, the environment, the rule of law, corruption, accountability of international financial institutions, etc., reflecting the broad spectrum of the part of law to the development of which Ibrahim Shihata contributed tremendously.
