Highest Courts And Globalisation
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Highest Courts And Globalisation
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Author : Sam Muller
language : en
Publisher: Hague Academic Press
Release Date : 2010
Highest Courts And Globalisation written by Sam Muller and has been published by Hague Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
One of the main tasks of highest courts is the maintenance of legal coherency within the national legal system. Highest courts should also observe national legislation to be in conformity with the constitution and international treaties. In the internationalising world of today, societies and legal systems increasingly interact. This has consequences for highest national courts which also increasingly interact with each other. The authors in this book investigate the implications of these phenomena for theory and practice. As leading scholars and distinguished judges they offer a unique and unprecedented perspective on the issue of highest courts and globalisation. This book is therefore highly recommended to judges and practitioners in national and international courts, academics, parliamentarians and civil servants of national ministries of justice and the interior. Law of the Future Conferences ‘Law of the Future’ is the top level international and multidisciplinary conference series initiated by The Hague Institute for the Internationalisation of Law (HiiL). These conferences explore how law is changing and should change under the pressure of globalisation and internationalisation, and how the roles of international actors and stakeholders will or must change as a consequence. The ‘Law of the Future’ conference series bridges practice and academia. The Changing Role of Highest Courts in an Internationalising World was the theme of the October 2008 Law of the Future Conference, which was held in The Hague, The Netherlands.
Highest Courts And The Internationalisation Of Law
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Author : A. S. Muller
language : en
Publisher: Hague Academic Press
Release Date : 2009
Highest Courts And The Internationalisation Of Law written by A. S. Muller and has been published by Hague Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
In today’s world of globalisation the position of the highest national courts is changing. Traditionally, the highest courts have the task of safeguarding the coherency of law within the territory of their jurisdiction. Being at the top of the hierarchy of courts in their country, there was no other authority above them. This picture is being thoroughly disturbed by the internationalisation of law, which has brought the domestic legal systems into close contact with each other and which has created hierarchies among the highest national courts. This book is an important tool for national judges, judges and staff of international courts, civil servants at ministries of justice, and others studying or practising law on the dividing line between the national and international level. It contains a reflection of the exchange of views that took place during a session of the Hague Colloquium on the Fundamental Principles of Law, which sought to identify the challenges which emerge for the highest national courts in an internationalising world. Sam Muller is Director of the Hague Institute for the Internationalisation of Law (HiiL), The Hague, the Netherlands. Marc Loth was Dean and Professor of jurisprudence and legal theory at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands at the time of working on this book. He is a member of the Dutch Hoge Raad (Supreme Court).
Globalisation And Jurisdiction
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Author : Pieter J. Slot
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Globalisation And Jurisdiction written by Pieter J. Slot and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.
The Role Of The Highest Courts Of The United States Of America And South Africa And The European Court Of Justice In Foreign Affairs
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Author : Riaan Eksteen
language : en
Publisher: Springer
Release Date : 2019-06-22
The Role Of The Highest Courts Of The United States Of America And South Africa And The European Court Of Justice In Foreign Affairs written by Riaan Eksteen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-22 with Law categories.
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Globalizing Justice
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Author : Donald W. Jackson
language : en
Publisher: State University of New York Press
Release Date : 2010-04-07
Globalizing Justice written by Donald W. Jackson and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-07 with Political Science categories.
Essays assessing the impact of globalization on law and court systems across the world.
Judicial Cosmopolitanism
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Author : Giuseppe Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2019-09-24
Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Law categories.
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Judicial Decision Making In A Globalised World
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Author : Elaine Mak
language : en
Publisher:
Release Date : 2013
Judicial Decision Making In A Globalised World written by Elaine Mak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Appellate courts categories.
Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands.
Court Delay And Law Enforcement In China
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Author : Qing-Yun Jiang
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-05-15
Court Delay And Law Enforcement In China written by Qing-Yun Jiang 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 2008-05-15 with Business & Economics categories.
Qing-Yun Jiang shows that court delay is not a serious problem in the lower courts in respect to trial cases, but mainly in appeal cases and retrial cases, which require more time. The author confirms that law enforcement has been an obstacle for the development of market economy and a bottleneck of the judiciary and he concludes that judicial reform should not only deal with symptoms, but with the roots of the political and economic structure.
Judicial System Transformation In The Globalizing World
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Author : Tae-gwŏn Chʻoe
language : en
Publisher: 서울대학교출판부
Release Date : 2007
Judicial System Transformation In The Globalizing World written by Tae-gwŏn Chʻoe and has been published by 서울대학교출판부 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil law categories.
Rethinking Nordic Courts
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Author : Laura Ervo
language : en
Publisher: Springer Nature
Release Date : 2021-08-01
Rethinking Nordic Courts written by Laura Ervo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-01 with Law categories.
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.