The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs PDF Download
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Author: Riaan Eksteen
Publisher: Springer
ISBN: 9462652953
Category : Law
Languages : en
Pages : 468
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Book Description
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Author: Riaan Eksteen
Publisher: Springer
ISBN: 9462652953
Category : Law
Languages : en
Pages : 468
Get Book Here
Book Description
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Author: Juliet Kaarbo
Publisher: Oxford University Press
ISBN: 0192581015
Category : Political Science
Languages : en
Pages : 801
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Book Description
The Oxford Handbook of Foreign Policy Analysis repositions the subfield of Foreign Policy Analysis (FPA) to a central analytic location within the study of International Relations (IR). Over the last twenty years, IR has seen a cross-theoretical turn toward incorporating domestic politics, decision-making, agency, practices, and subjectivity - the staples of the FPA subfield. This turn, however, is underdeveloped theoretically, empirically, and methodologically. To reconnect FPA and IR research, this handbook links FPA to other theoretical traditions in IR, takes FPA to a wider range of state and non-state actors, and connects FPA to significant policy challenges and debates. By advancing FPA along these trajectories, the handbook directly addresses enduring criticisms of FPA, including that it is isolated within IR, it is state-centric, its policy relevance is not always clear, and its theoretical foundations and methodological techniques are stale. The Oxford Handbook of Foreign Policy Analysis provides an inclusive and forward-looking assessment of this subfield. Edited and written by a team of word-class scholars and with a preface by Margaret Hermann and Stephen Walker, the handbook sets the agenda for future research in FPA and in IR. The Oxford Handbooks of International Relations is a twelve-volume set of reference books offering authoritative and innovative engagements with the principal sub-fields of International Relations. The series as a whole is under the General Editorship of Christian Reus-Smit of the University of Queensland and Duncan Snidal of the University of Oxford, with each volume edited by specialists in the field. The series both surveys the broad terrain of International Relations scholarship and reshapes it, pushing each sub-field in challenging new directions. Following the example of Reus-Smit and Snidal's original Oxford Handbook of International Relations, each volume is organized around a strong central thematic by scholars drawn from different perspectives, reading its sub-field in an entirely new way, and pushing scholarship in challenging new directions.
Author: Helmut Philipp Aust
Publisher: Cambridge University Press
ISBN: 1108837743
Category : Law
Languages : en
Pages : 417
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Book Description
A fresh look at the bridges and boundaries between foreign relations law and public international law.
Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190697571
Category : Law
Languages : en
Pages : 641
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Book Description
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Author: Jim Zanotti
Publisher:
ISBN:
Category :
Languages : en
Pages : 61
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Book Description
Author: Tania Groppi
Publisher: Bloomsbury Publishing
ISBN: 1782251014
Category : Law
Languages : en
Pages : 336
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Book Description
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Author: Y. G.-M. Lulat
Publisher: Peter Lang
ISBN: 9780820479064
Category : Foreign Language Study
Languages : en
Pages : 700
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Book Description
"Relations between the United States and South Africa - or the parts of the world these nations now occupy - go nearly as far back as the very beginning of their inception as permanent European colonial intrusions. This book is a critical overview of these relations from the late seventeenth century to the present. Unprecedented in its scope - and supported by substantive and detailed notes, together with an extensive bibliography, chronology, glossary, and appendices - the book distinguishes itself from extant works in a number of other ways. Set against the backdrop of a wider interdisciplinary exploration of both ideational and structural issues of historical context, it not only gives attention to the importance of contributions from nonofficial actors in shaping official relations, but also considers the impact of the geo-political location of South Africa within southern Africa, where the presence of other nations - particularly Angola, Mozambique, Namibia, and Zimbabwe - looms large. Methodologically written from the perspectives of both traditional narrative history and Khaldunian interpretive historical analysis, the book consequently sits at the interdisciplinary interstice of political economy and sociology, where the aim is to advance our understanding of the Braudelian interconnectedness of world history as an important diachronic determinant of the diplomacy of foreign relations. Written for both scholars and policy analysts, this book's examination of the agency of the marginalized should also be of interest to activists and the reading public."--BOOK JACKET.
Author: Stephen Vasciannie
Publisher: Springer Nature
ISBN: 3031589017
Category :
Languages : en
Pages : 455
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Book Description
Author: Marcelo Dias Varella
Publisher: Springer
ISBN: 3642541631
Category : Law
Languages : en
Pages : 354
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Book Description
The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.
Author: Mark C. Miller
Publisher: Routledge
ISBN: 0429973233
Category : Political Science
Languages : en
Pages : 272
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Book Description
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
