Ius Constitutionale Commune En Am Rica Latina Textos B Sicos Para Su Comprensi N
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National Courts And The International Rule Of Law
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Author : André Nollkaemper
language : en
Publisher: Oxford University Press
Release Date : 2012
National Courts And The International Rule Of Law written by André Nollkaemper 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 2012 with Law categories.
This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
The Role Of Domestic Courts In Treaty Enforcement
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Author : David Sloss
language : en
Publisher: Cambridge University Press
Release Date : 2009-10-12
The Role Of Domestic Courts In Treaty Enforcement written by David Sloss 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 2009-10-12 with Law categories.
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
Cultures Of Legality
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Author : Javier Couso
language : en
Publisher: Cambridge University Press
Release Date : 2010-04-30
Cultures Of Legality written by Javier Couso 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 2010-04-30 with Law categories.
Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
Regulating Jurisdictional Relations Between National And International Courts
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Author : Yuval Shany
language : en
Publisher: OUP Oxford
Release Date : 2007-08-16
Regulating Jurisdictional Relations Between National And International Courts written by Yuval Shany and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-16 with Law categories.
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Human Rights Protection In The European Legal Order
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Author : Patricia Popelier
language : en
Publisher:
Release Date : 2011
Human Rights Protection In The European Legal Order written by Patricia Popelier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Human rights categories.
Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)
Conflict And Compliance
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Author : Sonia Cardenas
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-03-18
Conflict And Compliance written by Sonia Cardenas and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-18 with Political Science categories.
International human rights pressure has been applied to numerous states with varying results. In Conflict and Compliance, Sonia Cardenas examines responses to such pressure and challenges conventional views of the reasons states do—or do not—comply with international law. Data from disparate bodies of research suggest that more pressure to comply with human rights standards is not necessarily more effective and that international policies are more efficient when they target the root causes of state oppression. Cardenas surveys a broad array of evidence to support these conclusions, including Latin American cases that incorporate recent important declassified materials, a statistical analysis of all the countries in the world, and a set of secondary cases from Eastern Europe, South Africa, China, and Cuba. The views of human rights skeptics and optimists are surveyed to illustrate how state rhetoric and behavior can be interpreted differently depending on one's perspective. Theoretically and methodologically sophisticated, Conflict and Compliance paints a new picture of the complex dynamics at work when states face competing pressures to comply with and violate international human rights norms.