Global Governance By Judiciary
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Global Governance And The Quest For Justice Volume Iv
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Author : Roger Brownsword
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-01-10
Global Governance And The Quest For Justice Volume Iv written by Roger Brownsword and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-10 with Law categories.
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on human rights in the context of 'globalisation' together with the principle of 'respect for human rights and human dignity' viewed as one of the foundational commitments of a legitimate scheme of global governance. The first part of the book deals with the ways in which 'globalisation' impacts on established commitments to respect human rights. When human rights are set against, or alongside, potentially competing priorities, such as 'security' or 'economy' how well do they fare? Does it make any difference whether human rights commitments are expressed in dedicated free-standing instruments or incorporated as side-constraints (or 'collaterally') in larger multi-functional instruments? In this light, does it make sense to view a trade-centred community such as the EU as a prospective regional model for human rights? The second part of the book debates the coherence of a global order committed to respect for human rights and human dignity as one of its founding principles. If 'globalisation' aspires to export and spread respect for human rights, the thrust of the papers in this volume is that it could do better, that legitimate global governance demands that it does a great deal better, and that lawyers face a considerable challenge in developing a coherent jurisprudence of fundamental values as the basis for a just global order.
The Law Of Global Governance
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Author : Eyal Benvenisti
language : en
Publisher: BRILL
Release Date : 2014-06-11
The Law Of Global Governance written by Eyal Benvenisti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-11 with Law categories.
Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.
The Rule Of Law In Global Governance
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Author : Monika Heupel
language : en
Publisher: Springer
Release Date : 2016-11-08
The Rule Of Law In Global Governance written by Monika Heupel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-08 with Political Science categories.
This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.
Governance And International Legal Theory
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Author : I.F. Dekker
language : en
Publisher: Springer
Release Date : 2014-11-14
Governance And International Legal Theory written by I.F. Dekker and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-14 with Law categories.
This book discusses the above-mentioned topics from a multidisciplinary perspective.
The Contribution Of International And Supranational Courts To The Rule Of Law
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Author : Geert De Baere
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
The Contribution Of International And Supranational Courts To The Rule Of Law written by Geert De Baere and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
International Judicial Lawmaking
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Author : Armin Von Bogdandy
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-04-24
International Judicial Lawmaking written by Armin Von Bogdandy and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-24 with Law categories.
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
Global Governance Economy And Law
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Author : Errol Mendes
language : en
Publisher: Routledge
Release Date : 2003-09-02
Global Governance Economy And Law written by Errol Mendes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-02 with Business & Economics categories.
This book provides a critical examination of the most important institutions of global governance in the world today. Drawing on history, political science, law and economics, the authors examine institutions such as the United Nations, the World Trade Organization (WTO), the International Monetary Fund (IMF), the World Bank and also the global private sector. In a series of comprehensive analyses the inability of these institutions and entities to promote and protect human rights and international peace is revealed. While examining the failures of the past, the authors enthusiastically propose far reaching reforms, suggesting how these global institutions and their member states can reform themselves to prevent the exploitation of the most vulnerable in the global economy and bridge the gap between the high vision that saw the birth of these institutions and their present day failures. Global Governance, Economy and Law calls for nothing less than a global Marshall Plan, a new global political vision and a new system of international taxation to finance the integration of justice into the world economy.
Governance Order And The International Criminal Court
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Author : Steven C. Roach
language : en
Publisher: OUP Oxford
Release Date : 2009-05-07
Governance Order And The International Criminal Court written by Steven C. Roach and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-07 with Political Science categories.
Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.
Global Governance And The Quest For Justice Volume I
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Author : Douglas Lewis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-02-28
Global Governance And The Quest For Justice Volume I written by Douglas Lewis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-28 with Law categories.
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on the international and regional organisations that represent the key players in the evolving global order. The papers in this collection seek to map the real world of global governance - exploring who governs and how, what the leading international and regional organisations claim to do and what they actually do - as well as assessing the gap between the ideal of constitutionalised global governance and the actuality of governance under globalisation. The contributors discuss what it would mean for global governance to aspire to Rule of Law standards of transparency, accountability and participation together with categorical respect for human rights. In this collection, the perspective of modern public lawyers is systematically applied to the governance deficit associated with globalisation and to its institutional correction in pursuit of a legitimate regime of global governance.
International Law In The 21st Century
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Author : Christopher C. Joyner
language : en
Publisher: Rowman & Littlefield
Release Date : 2005
International Law In The 21st Century written by Christopher C. Joyner and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.