Comparative Federalism in the Devolution Era

Comparative Federalism in the Devolution Era PDF Author: Neil Colman McCabe
Publisher: Lexington Books
ISBN: 9780739102763
Category : Law
Languages : en
Pages : 376

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Book Description
The decline of statism as the world's dominant ideology has ignited a fierce debate over the evolving shape and power of federalism in global society. The popular demand for devolution has shifted the locus of power from national government to smaller regional units and heralded the reconceptualization of international law away from the idea of sovereignty, toward one of jurisdiction. This timely set of essays studies the impact wrought by these centrifugal forces across Europe, Africa, and the Americas, and analyzes the latest movements for constitutional change, self-determination, and separation. Comparative Federalism in the Devolution Era offers political scientists and legal scholars a new perspective on the diverse nature and exercise of postmodern federalism, and the continuing struggle between differing views of the national-local relationship.

Comparative Federalism in the Devolution Era

Comparative Federalism in the Devolution Era PDF Author: Neil Colman McCabe
Publisher: Lexington Books
ISBN: 9780739102763
Category : Law
Languages : en
Pages : 376

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Book Description
The decline of statism as the world's dominant ideology has ignited a fierce debate over the evolving shape and power of federalism in global society. The popular demand for devolution has shifted the locus of power from national government to smaller regional units and heralded the reconceptualization of international law away from the idea of sovereignty, toward one of jurisdiction. This timely set of essays studies the impact wrought by these centrifugal forces across Europe, Africa, and the Americas, and analyzes the latest movements for constitutional change, self-determination, and separation. Comparative Federalism in the Devolution Era offers political scientists and legal scholars a new perspective on the diverse nature and exercise of postmodern federalism, and the continuing struggle between differing views of the national-local relationship.

Engaging with Foreign Law

Engaging with Foreign Law PDF Author: Basil S Markesinis
Publisher: Bloomsbury Publishing
ISBN: 184731497X
Category : Law
Languages : en
Pages : 474

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Book Description
This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

Treatise on International Criminal Law

Treatise on International Criminal Law PDF Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0192844261
Category : Law
Languages : en
Pages : 657

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Book Description
This is the first volume of an authoritative three-volume treatise on international criminal law. The text provides comprehensive treatment of issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice.

Policy within and through law

Policy within and through law PDF Author: J. De Bruyne
Publisher: Maklu
ISBN: 9046607186
Category : Law
Languages : en
Pages : 372

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Book Description
'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.

Maritime Safety Law and Policies of the European Union and the United States of America: Antagonism or Synergy?

Maritime Safety Law and Policies of the European Union and the United States of America: Antagonism or Synergy? PDF Author: Iliana Christodoulou-Varotsi
Publisher: Springer Science & Business Media
ISBN: 3540698744
Category : Law
Languages : en
Pages : 171

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Book Description
The International Maritime Organization (IMO), as the United Nations specialized agency responsible for the regulation of shipping engaged in international trade from the points of view of maritime safety and the prevention and control of pol- tion by ships, recognizes that these goals can only be effectively achieved if each and every link in the corresponding chain of responsibility meets fully its obli- tions. Flag, port and coastal States, as well as the shipping industry itself, all have roles to play in collectively improving safety and protecting the environment, both marine and atmospheric, through the development, adoption, and uniform imp- mentation and enforcement of, global standards. In this book, Dr. Christodoulou-Varotsi sets out to explore the extent to which the actions of the European Union and the United States, as the main originators of high standards in these fields, constitute a paradigm to the rest of the inter- tional maritime community. In this regard, while underscoring the need for a - listic, multilateral approach to maritime regulation – as epitomized by the work of IMO – the author explores how standards could be enhanced through the use of unilateral action.

The Formation and Identification of Rules of Customary International Law in International Investment Law

The Formation and Identification of Rules of Customary International Law in International Investment Law PDF Author: Patrick Dumberry
Publisher: Cambridge University Press
ISBN: 1316503070
Category : Law
Languages : en
Pages : 535

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Book Description
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

International Family Law

International Family Law PDF Author: Barbara Stark
Publisher: Routledge
ISBN: 1351926837
Category : Law
Languages : en
Pages : 337

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Book Description
International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.

Host State Circumstances and Absolute Standards of Protection in International Investment Law

Host State Circumstances and Absolute Standards of Protection in International Investment Law PDF Author: Johanna Braun
Publisher: Nomos Verlag
ISBN: 3748932790
Category : Law
Languages : en
Pages : 250

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Book Description
Dieses Werk beschäftigt sich mit den sogenannten "absoluten" Schutzstandards im internationalen Investitionsschutzrecht: dem Fair and Equitable Treatment (FET) und dem Full Protection and Security (FPS) Standard. Es bearbeitet die Frage, ob außergewöhnliche Umstände im Gaststaat einen Einfluss auf die Auslegung dieser Standards haben. Zu diesem Zweck untersucht die Autorin die normativen Grundlagen beider Standards, einschließlich des jeweiligen Wortlauts, Systematik und Zweck, bevor die bestehende Schiedsgerichtspraxis analysiert wird. .

Business and Human Rights

Business and Human Rights PDF Author: Nadia Bernaz
Publisher: Taylor & Francis
ISBN: 1317233859
Category : Business & Economics
Languages : en
Pages : 326

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Book Description
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

The Principle of Systemic Integration

The Principle of Systemic Integration PDF Author: Gabriel Orellana Zabalza
Publisher: LIT Verlag Münster
ISBN: 3643902670
Category : Law
Languages : en
Pages : 389

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Book Description
This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)