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The Shifting Allocation of Authority in International Law
2008
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, \"who should decide what\" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.
Seminar Europe and national constitutions : Palazzo Marini, Sala Delle Colonne on 21 May 2007
by
Seminar Europe and national constitutions ( 2007 : Milan, Italy)
,
Italy. Parlamento. Camera dei deputati organizer
in
Constitutional law European Union countries Congresses
,
Law European Union countries Congresses
,
International and municipal law European Union countries Congresses
2007
The Rule of Law at the National and International Levels
by
Kanetake, Machiko
,
Nollkaemper, André
in
Congresses
,
Constitutional and Administrative Law
,
Human Rights
2016
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level. Volume 56 in the series Studies in International Law
Sanctions, Accountability and Governance in a Globalised World
by
Rubenstein, Kim
,
Farrall, Jeremy
in
Congresses
,
Economic sanctions
,
Economic sanctions -- Iraq -- Congresses
2009,2010
This book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field.
Human Rights Brought Home
by
Schmidt, Patrick
,
Halliday, Simon
in
1950
,
Congresses
,
Convention for the Protection of Human Rights and Fundamental Freedoms
2004
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action — as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.
The culture of judicial independence in a globalised world
by
McCormack, Wayne
,
Shetreet, Shimon
in
Congresses
,
International and municipal law -- Congresses
,
Judicial independence
2016
This volume The Culture of Judicial Independence in a Globalised World, is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Martinus Nijhoff Publishers 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Martinus Nijhoff Publishers 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Martinus Nijhoff Publishers 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence - both national and international.
The shifting allocation of authority in international law
2008
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, \"who should decide what\" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world.
Nordic Approaches to International Law
by
Kjeldgaard-Pedersen, Astrid
,
Nordic Approach to International Law? (Conference) (2015 : Oslo, Norway)
,
Københavns universitet. Juridiske fakultet
in
International and municipal law -- Scandinavia -- Congresses
,
International law
,
International law -- Scandinavia -- Congresses
2017,2018
Offering a great variety in terms of subject area, methodology, and style, this book contains a selection of papers by international legal scholars from the Nordic region addressing the question of distinct Nordic Approaches to International Law.
EU External Relations Post-Lisbon
by
Chamon, Merijn
,
Govaere, Inge
in
Federal government-European Union countries
,
International and municipal law-European Union countries
2020
The volume brings together academics and practitioners from across the EU to address the question of 'facultative mixity' in the EU's external relations, i.e. the situation whereby both the EU and its Member States enter into an international agreement with a third country even if legally the EU could act on its own.