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Author: Daniel M. Brinks
Publisher: Cambridge University Press
ISBN: 1107178363
Category : Law
Languages : en
Pages : 281
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Book Description
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author: Salvatore Caserta
Publisher:
ISBN: 0198867999
Category : Law
Languages : en
Pages : 321
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Book Description
A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case loads; and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunals series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.
Author: Daniel M. Brinks
Publisher: Cambridge University Press
ISBN: 1107178363
Category : Law
Languages : en
Pages : 281
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Book Description
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author: Paula Wojcikiewicz Almeida
Publisher: Routledge
ISBN: 1317511352
Category : Law
Languages : en
Pages : 342
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Book Description
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Author: Francisco Rojas Aravena
Publisher: Springer Nature
ISBN: 3030219747
Category : Political Science
Languages : en
Pages : 338
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Book Description
This book provides a holistic view on the topics of peace and conflict, peace education, international relations and regional studies during the end of the second decade of the twenty-first century. It collects the studies, experience and analysis of faculty members of the University for Peace presented in three sections: regional and institutional outlook, and common challenges and interventions. Some of the topics in this book include the complex concept of peace; governance and security in Africa; peace and conflict in the Middle East; maritime security conflicts in South China Sea, the European Union in a multipolar world, religious fundamentalism and violent extremism; food security, climate change; and participatory action research in the culture of peace. Scholars, capacity building trainers, policy makers, politicians, lawyers, and individuals interested in international affairs among others might find in this book a diverse academic source for further analysis in their respective fields.
Author: Curtis A. Bradley
Publisher: Oxford University Press
ISBN: 0190653353
Category : Law
Languages : en
Pages : 891
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Book Description
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1139497162
Category : Political Science
Languages : en
Pages : 353
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Book Description
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465
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Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207
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Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author: Sandra Brunnegger
Publisher: Stanford University Press
ISBN: 9780804799072
Category : Social Science
Languages : en
Pages : 0
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Book Description
Throughout Latin America, the idea of "justice" serves as the ultimate goal and rationale for a wide variety of actions and causes. In the Chilean Atacama Desert, residents have undertaken a prolonged struggle for their right to groundwater. Family members of bombing victims in Buenos Aires demand that the state provide justice for the attack. In Colombia, some victims of political violence have turned to the courts for resolution, while others reject the state's ability to fairly adjudicate their grievances and have constructed a non-state tribunal. In each of these examples, the protagonists seek one main thing: justice. A Sense of Justice ethnographically explores the complex dynamics of justice production across Latin America. The chapters examine (in)justice as it is lived and imagined today and what it means for those who claim and regulate its parameters, including the Brazilian police force, the Permanent Peoples' Tribunal in Colombia, and the Argentine Supreme Court. Inextricable as "justice" is from inequality, violence, crime, and corruption, it emerges through memory, in space, and where ideals meet practical limitations. Ultimately, the authors show how understanding the dynamic processes of constructing justice is essential to creating cooperative rather than oppressive forms of law.
Author: M. C. Mirow
Publisher: University of Texas Press
ISBN: 9780292702325
Category : Law
Languages : en
Pages : 368
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Book Description
"M.C. Mirow has set himself a difficult task, to contribute a one-volume introduction to Latin American law in English, and he has succeeded admirably." —Law and History Review "The impressive scope of this book makes it a major contribution to Latin American legal history. . . . This is an excellent starting place for anyone interested in the legal history of the region, and it is essential reading for those seeking to understand the roots of contemporary Latin American politics and society." —Lauren Benton, New York University, author of Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.
