Interaction And Delimitation Of International Legal Orders
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Interaction And Delimitation Of International Legal Orders
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Author : Maria Fogdestam Agius
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-08
Interaction And Delimitation Of International Legal Orders written by Maria Fogdestam Agius and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-08 with Law categories.
In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders. Based on examples from the WTO, the EU, the law of the sea and international environmental law, the book presents a typology of uses of legal norms and principles that are extrinsic in the sense that they derive not from the regime, but from general public international law, other treaty regimes, or the jurisprudence from courts operating in other fields. The investigation contradicts assertions that international courts will contribute to systemic integration and offers reflections on repercussions for the legitimacy of international norms and institutions.
The International Legal Order
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Author : Ingrid Detter Delupis
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1994
The International Legal Order written by Ingrid Detter Delupis and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with International law categories.
This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Fundamentals Of Public International Law
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Author : Giovanni Distefano
language : en
Publisher: BRILL
Release Date : 2019-05-07
Fundamentals Of Public International Law written by Giovanni Distefano and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-07 with Law categories.
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
The Fluid State
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Author : Hilary Charlesworth
language : en
Publisher: Federation Press
Release Date : 2005
The Fluid State written by Hilary Charlesworth and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived 'democratic deficit' in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere? The contributors bring a range of different perspectives: politics, law and international relations. They include influential scholars such as Mayo Moran, Ann Capling, John Uhr, Andrew Byrnes and Janet MacLean and they discuss contemporary issues, such as the Australia-US Free Trade Agreement and the 2003 Iraq War.
Separating Powers International Law Before National Courts
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Author : David Haljan
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-30
Separating Powers International Law Before National Courts written by David Haljan 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 2012-10-30 with Law categories.
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
The Fundamental Rules Of The International Legal Order
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Author : Christian Tomuschat
language : en
Publisher: BRILL
Release Date : 2005-12-23
The Fundamental Rules Of The International Legal Order written by Christian Tomuschat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-23 with Law categories.
This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
The International Legal Order
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Author : Ingrid Delupis
language : en
Publisher:
Release Date : 1994
The International Legal Order written by Ingrid Delupis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with categories.
European Yearbook Of International Economic Law 2017
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Author : Marc Bungenberg
language : en
Publisher: Springer
Release Date : 2017-10-06
European Yearbook Of International Economic Law 2017 written by Marc Bungenberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-06 with Law categories.
Volume 8 of the EYIEL focuses on the external economic relations of the European Union as one of the most dynamic political fields in the process of European integration. The first part of this volume analyses the recent controversial questions of the external economic relations of the Union, dealing with the complexity of mixed agreements, transparency and legitimacy issues as well as recent proposals in relation to Investor-State-Dispute Settlement, the Trade Defence Instruments and the implications of the “Brexit” in this context. The second part of EYIEL 8 addresses ongoing bilateral and multilateral negotiations of the EU with China, Japan, Australia, Canada and Taiwan. Moreover, the third part deals with the EU in international organisations and institutions, in particular the recent institutional aspects of the EU-UN relationship, representation in the IMF as well as WTO jurisprudence involving the EU in 2015. The volume concludes with reviews of recent books in international economic law.
Power And Law In International Society
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Author : Mark Klamberg
language : en
Publisher: Routledge
Release Date : 2015-04-24
Power And Law In International Society written by Mark Klamberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-24 with Law categories.
When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.
The Rule Of Law At The National And International Levels
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Author : Machiko Kanetake
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-21
The Rule Of Law At The National And International Levels written by Machiko Kanetake and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.
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.