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Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
ISBN: 178254612X
Category : Political Science
Languages : en
Pages : 241
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Book Description
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
ISBN: 178254612X
Category : Political Science
Languages : en
Pages : 241
Get Book Here
Book Description
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Author: Ian Hurd
Publisher: Princeton University Press
ISBN: 0691196508
Category : Law
Languages : en
Pages : 200
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Book Description
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Author: Barbara Stark
Publisher: Cambridge University Press
ISBN: 131629899X
Category : Law
Languages : en
Pages : 307
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Book Description
In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the major source of human unhappiness, inhibiting instincts and generating guilt. In Globalization and its Discontents, Joseph Stiglitz shows how the 'economic architecture' that produced globalization has also driven the backlash against it. This book brings together some of international law's most outspoken 'discontents'; those who situate their malaise in international law itself. Their shared objective is to expose international law's complicity in the ongoing economic and financial global crises and to assess its capacity - and its will - to constructively address them. Some, like Freud, view that which holds us together as an inevitable source of discontent. Others, like Stiglitz, draw on the energy of the backlash. How have these crises affected particular groups, sovereign states, and international law itself? How have they responded? When does crisis serve as a catalyst, and for what?
Author: Oliver Gerstenberg
Publisher: Oxford University Press (UK)
ISBN: 0198834330
Category : Law
Languages : en
Pages : 193
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Book Description
This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.
Author: Michael E. Brown
Publisher: MIT Press
ISBN: 0262265303
Category : Political Science
Languages : en
Pages : 414
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Book Description
Experts consider whether American primacy will endure or if the future holds a multipolar world of several great powers. The unprecedented military, economic, and political power of the United States has led some observers to declare that we live in a unipolar world in which America enjoys primacy or even hegemony. At the same time public opinion polls abroad reveal high levels of anti-Americanism, and many foreign governments criticize U.S. policies. Primacy and Its Discontents explores the sources of American primacy, including the uses of U.S. military power, and the likely duration of unipolarity. It offers theoretical arguments for why the rest of the world will—or will not—align against the United States. Several chapters argue that the United States is not immune to the long-standing tendency of states to balance against power, while others contend that wise U.S. policies, the growing role of international institutions, and the spread of liberal democracy can limit anti-American balancing. The final chapters debate whether countries are already engaging in "soft balancing" against the United States. The contributors offer alternative prescriptions for U.S. foreign policy, ranging from vigorous efforts to maintain American primacy to acceptance of a multipolar world of several great powers. Contributors Gerard Alexander, Stephen Brooks, John G. Ikenberry, Christopher Layne, Keir Lieber, John Owen IV, Robert Pape, T. V. Paul, Barry Posen, Kenneth Waltz, William Wohlforth
Author: Adam B. Jaffe
Publisher: Princeton University Press
ISBN: 1400837340
Category : Business & Economics
Languages : en
Pages : 253
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Book Description
The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
Author: Thanassis Cambanis
Publisher: Century Foundation Press
ISBN: 9780870785566
Category : Political Science
Languages : en
Pages : 480
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Book Description
Pluralism and rights are under threat from communal violence, authoritarianism, and religious identity politics. How is the Middle East attempting to create more inclusive rights and citizenship? How do religious and nonreligious minorities envision their future in the region? On what basis can communities enjoy citizenship or seek rights in an era when law increasingly draws on religion and majoritarianism for its legitimacy? In this volume, researchers and activists draw on extensive fieldwork to open a new line of discussion in the Middle East as well as among Western policymakers. The question of belonging is more urgent than ever, as governments promote a simplistic discourse that opposes secularism and promotes a MuslimsversusChristians or SunniversusShia read of contemporary conflicts. Contributors include Rohan Advani, Mustafa Akyol, Zaid alAli, Lina Attalah, Melani Cammett, Joseph Daher, Cale Salih, Maria Fantappie, Mark Farha, Mona Fawaz, Fanar Haddad, Yassin AlHaj Saleh, Karl Sharro, and Elizabeth Thompson.
Author: Samantha Besson
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754626275
Category : Law
Languages : en
Pages : 312
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Book Description
Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. The essays consider the thr
Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 1107179548
Category : History
Languages : en
Pages : 353
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Book Description
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 1316518280
Category : History
Languages : en
Pages : 299
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Book Description
Analyses marriage law's development since 1836-its complexity, failures to respond to societal change, and constraints on different beliefs.
