International Courts and Domestic Politics

International Courts and Domestic Politics PDF Author: Marlene Wind
Publisher: Cambridge University Press
ISBN: 1108427766
Category : Law
Languages : en
Pages : 373

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Book Description
Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.

International Courts and Domestic Politics

International Courts and Domestic Politics PDF Author: Marlene Wind
Publisher: Cambridge University Press
ISBN: 1108427766
Category : Law
Languages : en
Pages : 373

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Book Description
Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.

Domestic Politics and International Human Rights Tribunals

Domestic Politics and International Human Rights Tribunals PDF Author: Courtney Hillebrecht
Publisher: Cambridge University Press
ISBN: 1107040221
Category : Law
Languages : en
Pages : 207

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Book Description
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.

The New Terrain of International Law

The New Terrain of International Law PDF Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 1400848687
Category : Political Science
Languages : en
Pages : 477

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Book Description
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

International Law in Domestic Courts

International Law in Domestic Courts PDF Author: Andre Nollkaemper
Publisher: Oxford University Press, USA
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769

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Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Research Handbook on the Politics of International Law

Research Handbook on the Politics of International Law PDF Author: Wayne Sandholtz
Publisher: Edward Elgar Publishing
ISBN: 1783473983
Category : Law
Languages : en
Pages : 608

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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.

States of Justice

States of Justice PDF Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207

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Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Domestic Politics and International Human Rights Tribunals

Domestic Politics and International Human Rights Tribunals PDF Author: Courtney Hillebrecht
Publisher: Cambridge University Press
ISBN: 1107471109
Category : Political Science
Languages : en
Pages : 207

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Book Description
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.

The New Terrain of International Law

The New Terrain of International Law PDF Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 0691154759
Category : Political Science
Languages : en
Pages : 476

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Book Description
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Delivering on Promises

Delivering on Promises PDF Author: Lauren J. Peritz
Publisher: University of Chicago Press
ISBN: 022682215X
Category : Political Science
Languages : en
Pages : 360

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Book Description
"When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Despite their formal independence from international authority, states have created rules of behavior, particularly governing international economic relations, and international tribunals that are empowered to enforce them. Just how effective are these institutions? In Delivering on Promises Lauren Peritz demonstrates that these international courts do indeed deliver results-but they are only effective under certain conditions. States are more likely to fail to comply with international rules and decisions when domestic industries have the political ability to effectively oppose compliance in particular cases. The author evaluates her argument with an extensive empirical analysis tracing the domestic politics of compliance with the decisions of two international economic courts, the WTO Dispute Settlement Mechanism, and the Court of Justice of the European Union (ECJ) which focuses on trade disputes within the EU. At a time when international agreements and cooperation have come under attack by politicians such as Donald Trump and others, this is a timely investigation into the conditions that make international agreements and the institutions enforcing them vulnerable"--

Saving the International Justice Regime

Saving the International Justice Regime PDF Author: Courtney Hillebrecht
Publisher: Cambridge University Press
ISBN: 1009059556
Category : Law
Languages : en
Pages : 255

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Book Description
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?