Domestic Law Goes Global

Author : Sara McLaughlin Mitchell
Publisher : Cambridge University Press
ISBN 13 : 1139501194
Total Pages : 279 pages
Book Rating : 4.94/5 ( download)

DOWNLOAD NOW!

Download or read book Domestic Law Goes Global written by Sara McLaughlin Mitchell and published by Cambridge University Press. This book was released on 2011-04-14 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.

Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361872
Total Pages : 200 pages
Book Rating : 4.76/5 ( download)

DOWNLOAD NOW!

Download or read book The Intersection of International Law and Domestic Law written by Davíd Thór Björgvinsson and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Author : Bonita Meyersfeld
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315720
Total Pages : 368 pages
Book Rating : 4.24/5 ( download)

DOWNLOAD NOW!

Download or read book Domestic Violence and International Law written by Bonita Meyersfeld and published by Bloomsbury Publishing. This book was released on 2010-03-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).

Author : David Shambaugh
Publisher : Oxford University Press
ISBN 13 : 0199860157
Total Pages : 432 pages
Book Rating : 4.59/5 ( download)

DOWNLOAD NOW!

Download or read book China Goes Global written by David Shambaugh and published by Oxford University Press. This book was released on 2013-01-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most global citizens are well aware of the explosive growth of the Chinese economy. Indeed, China has famously become the "workshop of the world." Yet, while China watchers have shed much light on the country's internal dynamics--China's politics, its vast social changes, and its economic development--few have focused on how this increasingly powerful nation has become more active and assertive throughout the world. In China Goes Global, eminent China scholar David Shambaugh delivers the book that many have been waiting for--a sweeping account of China's growing prominence on the international stage. Thirty years ago, China's role in global affairs beyond its immediate East Asian periphery was decidedly minor and it had little geostrategic power. Today however, China's expanding economic power has allowed it to extend its reach virtually everywhere--from mineral mines in Africa, to currency markets in the West, to oilfields in the Middle East, to agribusiness in Latin America, to the factories of East Asia. Shambaugh offers an enlightening look into the manifestations of China's global presence: its extensive commercial footprint, its growing military power, its increasing cultural influence or "soft power," its diplomatic activity, and its new prominence in global governance institutions. But Shambaugh is no alarmist. In this balanced and well-researched volume, he argues that China's global presence is more broad than deep and that China still lacks the influence befitting a major world power--what he terms a "partial power." He draws on his decades of China-watching and his deep knowledge of the subject, and exploits a wide variety of previously untapped sources, to shed valuable light on China's current and future roles in world affairs.

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.79/5 ( download)

DOWNLOAD NOW!

Download or read book The Intersection of International Law and Domestic Law written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Shaheed Fatima KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310524
Total Pages : 500 pages
Book Rating : 4.21/5 ( download)

DOWNLOAD NOW!

Download or read book Using International Law in Domestic Courts written by Shaheed Fatima KC and published by Bloomsbury Publishing. This book was released on 2005-10-04 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

Author : Jarrod Hepburn
Publisher : Oxford University Press
ISBN 13 : 0191088684
Total Pages : 305 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

Download or read book Domestic Law in International Investment Arbitration written by Jarrod Hepburn and published by Oxford University Press. This book was released on 2017-03-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

Author : Daniel Peat
Publisher : Cambridge University Press
ISBN 13 : 1108415474
Total Pages : 293 pages
Book Rating : 4.77/5 ( download)

DOWNLOAD NOW!

Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

Author : Andre Nollkaemper
Publisher : Oxford University Press, USA
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.46/5 ( download)

DOWNLOAD NOW!

Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Author : Beth A. Simmons
Publisher : Cambridge University Press
ISBN 13 : 0521885108
Total Pages : 473 pages
Book Rating : 4.02/5 ( download)

DOWNLOAD NOW!

Download or read book Mobilizing for Human Rights written by Beth A. Simmons and published by Cambridge University Press. This book was released on 2009-10-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.