The implementation of international law in Germany and South Africa PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The implementation of international law in Germany and South Africa PDF full book. Access full book title The implementation of international law in Germany and South Africa by Mehrdad Payandeh. Download full books in PDF and EPUB format.
Author: Mehrdad Payandeh
Publisher: PULP
ISBN: 1920538364
Category : International law
Languages : en
Pages : 538
Get Book Here
Book Description
South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.
Author: Mehrdad Payandeh
Publisher: PULP
ISBN: 1920538364
Category : International law
Languages : en
Pages : 538
Get Book Here
Book Description
South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.
Author: Niels Petersen
Publisher: Cambridge University Press
ISBN: 1107177987
Category : Law
Languages : en
Pages : 261
Get Book Here
Book Description
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author:
Publisher: Oxford University Press
ISBN: 019263464X
Category : Law
Languages : en
Pages : 1009
Get Book Here
Book Description
This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1800373163
Category : Law
Languages : en
Pages : 437
Get Book Here
Book Description
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.
Author: Grote, Rainer
Publisher: Edward Elgar Publishing
ISBN: 1788971124
Category : Political Science
Languages : en
Pages : 576
Get Book Here
Book Description
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Author: Zeray Yihdego
Publisher: Springer
ISBN: 3319558986
Category : Law
Languages : en
Pages : 236
Get Book Here
Book Description
This first volume of EtYIL focuses on issues concerning the developing world in general and (the Horn of) Africa – and Ethiopia – specifically. It argues that rebalancing the international law narrative to reflect Africa’s legitimate interests is an urgent priority, and can only succeed through the fair representation of African countries in the creation and interpretation of international law.The book begins by reflecting on the ICJ’s West African Cases and provides a unique perspective on decolonisation as a source of jus cogens and obligations erga omnes. This is followed by a comprehensive analysis of the reception of international law in the Ethiopian legal system, and of the potential implications of Ethiopia joining the WTO. The book then delves into such topical issues as the relationship between competition for natural resources and international investment law, the UN Global Goals and the fledgling international climate change regime, with particular emphasis on the Paris Climate Agreement and their implications for developing countries. Further issues include the Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial treaties and contemporary international watercourses law, as well as selected legal implications of the armed conflict in South Sudan. Gathering high-quality scholarship from diverse researchers, and examining a constellation of critical international law issues affecting developing countries, especially African countries, the book offers a unique resource.
Author: Dire Tladi
Publisher: BRILL
ISBN: 9004464123
Category : Law
Languages : en
Pages : 806
Get Book Here
Book Description
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Author: Emma Lees
Publisher:
ISBN: 0198790953
Category : Law
Languages : en
Pages : 1316
Get Book Here
Book Description
This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.
Author: David Sloss
Publisher: Cambridge University Press
ISBN: 052187730X
Category : Law
Languages : en
Pages : 657
Get Book Here
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: Satang Nabaneh
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 372
Get Book Here
Book Description
The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.
