Enforcement Mechanisms And Their Effects On International Law
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Enforcement Mechanisms And Their Effects On International Law
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Author : Yasmeen Muyano
language : en
Publisher: GRIN Verlag
Release Date : 2019-06-26
Enforcement Mechanisms And Their Effects On International Law written by Yasmeen Muyano and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Law categories.
Academic Paper from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 2.50, University of Santo Tomas (Faculty of Arts and Letters), course: Legal Management, language: English, abstract: In this essay I will explore the status of enforcement mechanisms used in international law and their effect on the overall effectivity of the law, using, principles, treaties, major researches and related jurisprudence. Effectiveness of law refers to whether the law has changed a state’s behavior from what it would have been in the absence of the law. In order for a law to be effective, parties must agree to comply to it. For this reason, the international committee provides enforcement mechanisms, which are methods used to induce compliance and increase cooperation from international bodies. These enforcement mechanisms fulfil a state's immediate interests. However, despite using these enforcement mechanisms, the international committee currently faces non-compliance and the possible unenforceability of the International Court of Justice as one of the major problems encountered in international law. Why is non-compliance still a major problem in international law if enforcement mechanisms are already in use?
The Limits Of Leviathan
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Author : Robert E. Scott
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-14
The Limits Of Leviathan written by Robert E. Scott and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-14 with Law categories.
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.
International Criminal Law
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Author : M. Cherif Bassiouni
language : en
Publisher: BRILL
Release Date : 2008
International Criminal Law written by M. Cherif Bassiouni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
The Evolving International Procedural Capacity Of Individuals
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Author : Katrin Fenrich
language : en
Publisher: Springer
Release Date : 2019-06-19
The Evolving International Procedural Capacity Of Individuals written by Katrin Fenrich and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-19 with Law categories.
This book critically addresses the still prevalent assumption of the individual’s procedural disability in international judicial fora. Against this backdrop, it examines and compares various international enforcement mechanisms from the individual’s perspective. Establishing specific comparison criteria, the book identifies the benefits and weaknesses of these mechanisms and traces the ongoing process of individualization in the field of international procedural law. Thus, it not only maps the complex landscape of international enforcement mechanisms; it also integrates the theoretical question of the individual’s role in international law with the practical issue of enforcing individual rights, thereby connecting the fields of legal theory and international procedural law. Academic readers interested in the intersection of international legal theory and international procedural law will find the book both enjoyable and insightful. Further, researchers and students of public international law will benefit from its in-depth analysis and comparative focus.
Socializing States
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Author : Ryan Goodman
language : en
Publisher: Oxford University Press
Release Date : 2013-08-20
Socializing States written by Ryan Goodman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-20 with Political Science categories.
The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,
International Criminal Law Volume 2 Multilateral And Bilateral Enforcement Mechanisms
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Author : M. Cherif Bassiouni
language : en
Publisher: BRILL
Release Date : 2008-11-21
International Criminal Law Volume 2 Multilateral And Bilateral Enforcement Mechanisms written by M. Cherif Bassiouni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-21 with Law categories.
Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
Non Compliance Procedures And Mechanisms And The Effectiveness Of International Environmental Agreements
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Author : Tullio Treves
language : en
Publisher: T.M.C. Asser Press
Release Date : 2009
Non Compliance Procedures And Mechanisms And The Effectiveness Of International Environmental Agreements written by Tullio Treves and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement. By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called “non-compliance mechanisms”, in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties. Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law. The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.
Treaty Compliance Some Concerns And Remedies
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Author : The Markland Group
language : en
Publisher: BRILL
Release Date : 2024-01-15
Treaty Compliance Some Concerns And Remedies written by The Markland Group and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.
The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties. The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.
First Platform Of International Law 1876
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Author : Edward S. Creasy
language : en
Publisher:
Release Date : 2008-08-01
First Platform Of International Law 1876 written by Edward S. Creasy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-01 with categories.
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
The Pillars Of Global Law
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Author : Ms Giuliana Ziccardi Capaldo
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
The Pillars Of Global Law written by Ms Giuliana Ziccardi Capaldo and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
This book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.