International Courts And Domestic Politics
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International Courts And Domestic Politics
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Author : Marlene Wind
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-12
International Courts And Domestic Politics written by Marlene Wind 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 2018-07-12 with Law categories.
Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.
Domestic Politics And International Human Rights Tribunals
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Author : Courtney Hillebrecht
language : en
Publisher: Cambridge University Press
Release Date : 2014-02-10
Domestic Politics And International Human Rights Tribunals written by Courtney Hillebrecht 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 2014-02-10 with Political Science categories.
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Delivering On Promises
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Author : Lauren J. Peritz
language : en
Publisher: University of Chicago Press
Release Date : 2022-12-21
Delivering On Promises written by Lauren J. Peritz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-21 with Political Science categories.
A timely investigation into the conditions that make international agreements—and the institutions that enforce them—vulnerable. When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Although the international system lacks any central governing authority, states have created rules, particularly around international economic relations, and empowered international tribunals to enforce those rules. Just how successful are these institutions? In Delivering on Promises Lauren J. Peritz demonstrates that these international courts do indeed deliver results—but they are only effective under certain conditions. As Peritz shows, states are less likely to comply with international rules and international court decisions when domestic industries have the political ability to obstruct compliance in particular cases. The author evaluates the argument with an extensive empirical analysis that traces the domestic politics of compliance with the decisions of two international economic courts: the World Trade Organization’s dispute settlement mechanism and the Court of Justice of the European Union. At a time when international agreements are under attack, this book sheds light on the complex relationship between domestic politics and international economic cooperation, offering detailed evidence that international economic courts are effective at promoting interstate cooperation.
The New Terrain Of International Law
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Author : Karen J. Alter
language : en
Publisher: Princeton University Press
Release Date : 2014-01-26
The New Terrain Of International Law written by Karen J. Alter and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-26 with Political Science categories.
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
Research Handbook On The Politics Of International Law
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Author : Wayne Sandholtz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Research Handbook On The Politics Of International Law written by Wayne Sandholtz 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 2017-02-24 with Law categories.
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Saving The International Justice Regime
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Author : Courtney Hillebrecht
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-30
Saving The International Justice Regime written by Courtney Hillebrecht 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 2021-09-30 with Law categories.
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
States Of Justice
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Author : Oumar Ba
language : en
Publisher:
Release Date : 2020-06-24
States Of Justice written by Oumar Ba and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-24 with Law categories.
This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.
International Law In Domestic Courts
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Author : Andre Nollkaemper
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-01-28
International Law In Domestic Courts written by Andre Nollkaemper and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-28 with Law categories.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Regional Courts Domestic Politics And The Struggle For Human Rights
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Author : Jillienne Haglund
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-25
Regional Courts Domestic Politics And The Struggle For Human Rights written by Jillienne Haglund 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 2020-06-25 with Political Science categories.
Comparing regional human rights courts in Europe and the Americas, Haglund examines conditions under which regional courts deter rights abuses.
The Interpretation Of International Law By Domestic Courts
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Author : Helmut Philipp Aust
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
The Interpretation Of International Law By Domestic Courts written by Helmut Philipp Aust 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 2016-01-21 with Law categories.
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.