Enforcement Or No Enforcement
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The Problem Of Enforcement In International Law
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Author : Elena Katselli Proukaki
language : en
Publisher: Routledge
Release Date : 2009-12-16
The Problem Of Enforcement In International Law written by Elena Katselli Proukaki and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-16 with Law categories.
This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.
Enforcement Or No Enforcement
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Author : Jana Seydel
language : en
Publisher: GRIN Verlag
Release Date : 2011-07
Enforcement Or No Enforcement written by Jana Seydel and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07 with Law categories.
Master's Thesis from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Leiden University (Europäisches Rechtsinstitut), language: English, abstract: This thesis looks at the EU ne bis in idem principle. In particular it examines if this principle that no one shall be held liable twice for the same act, contains an enforcement requirement. Because the ne bis in idem principle is codified in different sources of EU law which all have slightly different wordings, a (national) judge may be confronted with the difficult question as to what provision to apply in a given case. The author of this thesis has selected a judgment of a German Court that well illustrates this dilemma and which shows the relevance and topical interest of this problem, for which as yet no clear guidance has been provided by the European Court of Justice (ECJ). In this Boere case a German Court applied the ne bis in idem principle as laid down in Article 54 CISA and concluded that enforcement was an essential element of the ne bis in idem principle. The thesis introduces this case in a well-structured manner and critically reflects upon the judgment of the German Court. By taking this case a starting point, the author sets out clearly which underlying questions concerning the hierarchy between the different sources of EU law must be answered before a conclusion in a particular ne bis in idem case can be drawn. The author of this thesis argues that Article 54 CISA - as applied by the German Court in the Boere case - is incompatible with Article 50 EuCFR, a provision which does not contain an enforcement requirement. She thereby analyses the relation between these two source of law - the Schengen acquis and the EU Charter of Fundamental Rights - in a profound, refreshing and well-substantiated manner. Particularly the discussion of relevant ECJ case-law is good and comprehensive. The author subsequently assesses whether the incompatibility of Ar
Countermeasures The Non Injured State And The Idea Of International Community
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Author : Elena Katselli Proukaki
language : en
Publisher: Routledge
Release Date : 2009-12-16
Countermeasures The Non Injured State And The Idea Of International Community written by Elena Katselli Proukaki and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-16 with Law categories.
This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. The volume addresses both the theory and practice of third-State countermeasures within international law and critically assesses the work the International Law Commission has done in this area. The author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. In taking a thorough view of the issues involved, The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called on to play in a contemporary context.
Enforcement Or Negotiation
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Author : Neal Shover
language : en
Publisher: SUNY Press
Release Date : 1986-01-01
Enforcement Or Negotiation written by Neal Shover and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-01-01 with Social Science categories.
Enforcement or Negotiation presents a study of the development and operations of the federal Office of Surface Mining Reclamation and Enforcement during its first four years (1978-82), with special emphasis on the issue of regulatory enforcement. It examines the causes and consequences of the agency's change from an enforced compliance style of regulation toward a more discretionary negotiated compliance . The analysis is grounded in a variety of methods, including personal interviews, examination of archival data, and structured questionnaires. A comparative analysis of how the legislation was implemented differently in two regions of the United States demonstrates the crucial importance of local conditions on the implementation of regulatory mandates. The OSM's efforts to balance demands for equity and efficiency are documented, as well as the differences in oppositional strategies employed by large and small mining companies.
Selective Enforcement And International Criminal Law
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Author : James Nyawo
language : en
Publisher:
Release Date : 2017
Selective Enforcement And International Criminal Law written by James Nyawo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Criminal Law categories.
The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union, and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the ICC's obituary. One of the criticisms levelled against the ICC, and which is the motivation for, and central theme behind, this book is that the ICC has morphed and ceased to be an independent legal institution, instead becoming a political tool utilized by politically powerful states in the West against their political opponents in Africa. More specifically, the Court is alleged to be selectively enforcing international criminal law by only officially opening investigations and prosecutions in Africa. Although this book recognizes that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyzes the legal and political factors behind the Court's focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East? In addition the book attempts to uncover the basis and the validity of the African Union and some African states' criticisms of the ICC. (Series: Supranational Criminal Law: Capita Selecta, Vol. 20) Subject: International Criminal Law, African Law]
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?
Enforcement Or No Enforcement
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Author : Jana Seydel
language : en
Publisher: GRIN Verlag
Release Date : 2011-07-04
Enforcement Or No Enforcement written by Jana Seydel and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-04 with Law categories.
Master's Thesis from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Leiden University (Europäisches Rechtsinstitut), language: English, abstract: This thesis looks at the EU ne bis in idem principle. In particular it examines if this principle that no one shall be held liable twice for the same act, contains an enforcement requirement. Because the ne bis in idem principle is codified in different sources of EU law which all have slightly different wordings, a (national) judge may be confronted with the difficult question as to what provision to apply in a given case. The author of this thesis has selected a judgment of a German Court that well illustrates this dilemma and which shows the relevance and topical interest of this problem, for which as yet no clear guidance has been provided by the European Court of Justice (ECJ). In this Boere case a German Court applied the ne bis in idem principle as laid down in Article 54 CISA and concluded that enforcement was an essential element of the ne bis in idem principle. The thesis introduces this case in a well-structured manner and critically reflects upon the judgment of the German Court. By taking this case a starting point, the author sets out clearly which underlying questions concerning the hierarchy between the different sources of EU law must be answered before a conclusion in a particular ne bis in idem case can be drawn. The author of this thesis argues that Article 54 CISA – as applied by the German Court in the Boere case – is incompatible with Article 50 EuCFR, a provision which does not contain an enforcement requirement. She thereby analyses the relation between these two source of law – the Schengen acquis and the EU Charter of Fundamental Rights – in a profound, refreshing and well-substantiated manner. Particularly the discussion of relevant ECJ case-law is good and comprehensive. The author subsequently assesses whether the incompatibility of Art 54 CISA with Art 50 EuCFR (with EU law in general) can be justified. Here again, she addresses a relatively new question. This thesis is well-researched and reasonably convincing. The author has persuasively shown that it would be desirable if the ECJ would give a ruling on the question.
Law Enforcement Information Technology
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Author : James Chu
language : en
Publisher: Taylor & Francis
Release Date : 2001-06-21
Law Enforcement Information Technology written by James Chu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-06-21 with Computers categories.
ARE YOU PREPARED FOR THE LAW ENFORCEMENT IT REVOLUTION? Law enforcement agencies that are laggards in Information Technology (IT) will soon, if not already, be considered mismanaged. Whether you are in an operational position, or you are a police officer who aspires to a higher rank, you must be aware of how IT can help you perform your job and hel
Enforcement Of Corporate And Securities Law
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Author : Robin Hui Huang
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-31
Enforcement Of Corporate And Securities Law written by Robin Hui Huang 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 2019-01-31 with Law categories.
This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, which is a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.
Principles Of European Antitrust Enforcement
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Author : Wouter Wils
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-02-22
Principles Of European Antitrust Enforcement written by Wouter Wils and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02-22 with Law categories.
After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.