Author: David Fraser
Publisher: Routledge
ISBN: 113402181X
Category : History
Languages : en
Pages : 301
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Book Description
The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.
Author: Neyire Akpinarli
Publisher: BRILL
ISBN: 9004178120
Category : Law
Languages : en
Pages : 284
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Book Description
The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.
Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311
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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author: Allen Buchanan
Publisher: Oxford University Press
ISBN: 0199325405
Category : Philosophy
Languages : en
Pages : 331
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Book Description
This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Author: Marie von Engelhardt
Publisher: Palgrave Macmillan
ISBN: 9783319626949
Category : Social Science
Languages : en
Pages : 0
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Book Description
This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.
Author: Giovanni De Grandis, Anne Blanchard
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 311139932X
Category :
Languages : en
Pages : 227
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Book Description
Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307390837
Category : Political Science
Languages : en
Pages : 290
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Book Description
Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.
Author: Mark Fathi Massoud
Publisher: Cambridge University Press
ISBN: 1107026075
Category : Law
Languages : en
Pages : 305
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Book Description
This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.
Author: Giovanni de Grandis
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111397718
Category : Business & Economics
Languages : en
Pages : 302
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Book Description
Attempts to steer research, innovation and business in desirable directions have failed to meet expectations. Corporate social responsibility (CSR) and responsible research and innovation (RRI) seem to be losing ground, while the challenges they sought to address remain. Despite their shortcomings, these concepts remind us of the need to take responsibility for what we as researchers and entrepreneurs bring into the world, and to keep questioning the given framework. Drawing from the experience of the AFINO project, a unique attempt to bring together RRI and CSR and to promote networks, learning and skills building in Norway, this book contextualises and explores the practical challenges of actualising responsible practices even in the propitious Norwegian context. Readers interested in RRI, CSR, transdisciplinarity, and in the governance of research and innovation will find extensive information and insights about the challenges of steering research and business practices towards desirable ends and how to address them.
Author: David Traven
Publisher: Cambridge University Press
ISBN: 1108845002
Category : Law
Languages : en
Pages : 327
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Book Description
Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
