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Author: Christina L. Davis
Publisher: Princeton University Press
ISBN: 1400842514
Category : Political Science
Languages : en
Pages : 345
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Book Description
The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Author: Christina L. Davis
Publisher: Princeton University Press
ISBN: 1400842514
Category : Political Science
Languages : en
Pages : 345
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Book Description
The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Author: Christina L. Davis
Publisher: Princeton University Press
ISBN: 0691152764
Category : Business & Economics
Languages : en
Pages : 344
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Book Description
The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Author: Kay, Richard S.
Publisher: Edward Elgar Publishing
ISBN: 1788971337
Category : Law
Languages : en
Pages : 256
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Book Description
Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.
Author: Sandra Liebenberg
Publisher: Juta and Company Ltd
ISBN: 9780702184802
Category : Business & Economics
Languages : en
Pages : 572
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Book Description
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Author: Christina L. Davis
Publisher: Princeton University Press
ISBN: 0691122547
Category : Business & Economics
Languages : en
Pages : 421
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Book Description
This detailed account of the politics of opening agricultural markets explains how the institutional context of international organizations alters the balance of interests at domestic level. It traces 30 years of US agricultural trade negotiations with Japan and Europe.
Author: Peter Cane
Publisher: Bloomsbury Publishing
ISBN: 1847315178
Category : Law
Languages : en
Pages : 312
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Book Description
Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.
![A Critique of Adjudication [fin de Sicle] PDF](https://books.google.com/books/content/images/frontcover/3opYTZLkoV0C?fife=w80-h100)
Author: Duncan Kennedy
Publisher: Harvard University Press
ISBN: 9780674039520
Category : Law
Languages : en
Pages : 436
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Book Description
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
Author:
Publisher:
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Category :
Languages : en
Pages : 54
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Book Description
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Author: Ryan Watson
Publisher: Indiana University Press
ISBN: 0253058023
Category : Social Science
Languages : en
Pages : 231
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Book Description
When independent filmmakers, activists, and amateurs document the struggle for rights, representation, and revolution, they instrumentalize images by advocating for a particular outcome. Ryan Watson calls this "militant evidence." In Radical Documentary and Global Crises, Watson centers the discussion on extreme conflict, such as the Iraq War, the occupation of Palestine, the war in Syria, mass incarceration in the United States, and child soldier conscription in the Congo. Under these conditions, artists and activists aspire to document, archive, witness, and testify. The result is a set of practices that turn documentary media toward a commitment to feature and privilege the media made by the people living through the terror. This footage is then combined with new digitally archived images, stories, and testimonials to impact specific social and political situations. Radical Documentary and Global Crises re-orients definitions of what a documentary is, how it functions, how it circulates, and how its effect is measured, arguing that militant evidence has the power to expose, to amass, and to adjudicate.
Author: Kaius Tuori
Publisher: Oxford University Press
ISBN: 0191061891
Category : History
Languages : en
Pages : 424
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Book Description
In the days of the Roman Empire, the emperor was considered not only the ruler of the state, but also its supreme legal authority, fulfilling the multiple roles of supreme court, legislator, and administrator. The Emperor of Law explores how the emperor came to assume the mantle of a judge, beginning with Augustus, the first emperor, and spanning the years leading up to Caracalla and the Severan dynasty. While earlier studies have attempted to explain this change either through legislation or behaviour, this volume undertakes a novel analysis of the gradual expansion and elaboration of the emperor's adjudication and jurisdiction: by analysing the process through historical narratives, it argues that the emergence of imperial adjudication was a discourse that involved not only the emperors, but also petitioners who sought their rulings, lawyers who aided them, the senatorial elite, and the Roman historians and commentators who described it. Stories of emperors settling lawsuits and demonstrating their power through law, including those depicting 'mad' emperors engaging in violent repressions, played an important part in creating a shared conviction that the emperor was indeed the supreme judge alongside the empirical shift in the legal and political dynamic. Imperial adjudication reflected equally the growth of imperial power during the Principate and the centrality of the emperor in public life, and constitutional legitimation was thus created through the examples of previous actions - examples that historical authors did much to shape. Aimed at readers of classics, Roman law, and ancient history, The Emperor of Law offers a fundamental reinterpretation of the much debated problem of the advent of imperial supremacy in law that illuminates the importance of narrative studies to the field of legal history.
