International Judicial Integration And Fragmentation
DOWNLOAD
Download International Judicial Integration And Fragmentation PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get International Judicial Integration And Fragmentation book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
International Judicial Integration And Fragmentation
DOWNLOAD
Author : Philippa Webb
language : en
Publisher: Oxford University Press
Release Date : 2013-05-09
International Judicial Integration And Fragmentation written by Philippa Webb 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 2013-05-09 with Law categories.
Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analyzing judicial practice in three areas:genocide, immunities, and the use of force.
The Practice Of International And National Courts And The De Fragmentation Of International Law
DOWNLOAD
Author : Ole Kristian Fauchald
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-01
The Practice Of International And National Courts And The De Fragmentation Of International Law written by Ole Kristian Fauchald and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Law categories.
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
A Farewell To Fragmentation
DOWNLOAD
Author : Mads Tønnesson Andenæs
language : en
Publisher: Cambridge University Press
Release Date : 2015-10-09
A Farewell To Fragmentation written by Mads Tønnesson Andenæs 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 2015-10-09 with Law categories.
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Beyond Fragmentation
DOWNLOAD
Author : Chiara Giorgetti
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-12
Beyond Fragmentation written by Chiara Giorgetti 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 2022-05-12 with Law categories.
A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.
The Diversification And Fragmentation Of International Criminal Law
DOWNLOAD
Author : Larissa van den Herik
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012
The Diversification And Fragmentation Of International Criminal Law written by Larissa van den Herik 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 2012 with Law categories.
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Fragmentation In International Human Rights Law
DOWNLOAD
Author : Marjan Ajevski
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-14
Fragmentation In International Human Rights Law written by Marjan Ajevski and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.
This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
Judicial Covergence And Fragmentation In International Human Rights Law
DOWNLOAD
Author : Elena Abrusci
language : en
Publisher: Cambridge University Press
Release Date : 2022-12-31
Judicial Covergence And Fragmentation In International Human Rights Law written by Elena Abrusci 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 2022-12-31 with Law categories.
An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
Judicial Convergence And Fragmentation In International Human Rights Law
DOWNLOAD
Author : Elena Abrusci
language : en
Publisher: Cambridge University Press
Release Date : 2022-12-31
Judicial Convergence And Fragmentation In International Human Rights Law written by Elena Abrusci 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 2022-12-31 with Political Science categories.
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Between Fragmentation And Democracy
DOWNLOAD
Author : Eyal Benvenisti
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-31
Between Fragmentation And Democracy written by Eyal Benvenisti 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 2017-08-31 with Law categories.
This book explores how global institutions have created democratic deficits, and the role of the courts in mitigating the effects of globalization.
The Shifting Allocation Of Authority In International Law
DOWNLOAD
Author : Tomer Broude
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-06-13
The Shifting Allocation Of Authority In International Law written by Tomer Broude and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-13 with Law categories.
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.