Regional Integration And Courts Of Justice
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Regional Integration And Courts Of Justice
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Author : Katrin Nyman-Metcalf (jurist.)
language : en
Publisher: Intersentia nv
Release Date : 2005
Regional Integration And Courts Of Justice written by Katrin Nyman-Metcalf (jurist.) and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Central America categories.
The success of European integration and the political stability and economic prosperity it offers to its members has found followers elsewhere. Several countries in different parts of world have been inclined to embark on projects of regional integration. Though the majority of them are limited to economic integration objectives, some, in particular, regional groups in Latin America, profess to attain ambitious political goals and are constructed emulating the EU institutional structure. In some cases, this structure includes a regional court of justice, entrusted with telling community law and solving differences between Member States. The aim of this book is to study the importance of such courts of justice as institutional actors for the development of regional integration. In such a project, the study of the EU and the European Court of Justice immediately presents itself as most relevant and important. However, the book expands the study beyond an examination of the EU to encompass a comparative approach with other regional courts of justice, in particular the Central American Court of Justice and, subsidiarily, the Andean Court of Justice. Such a comparison allows both to assess the important differences between the courts as well as between the integration processes and to draw certain common features at present and for the future institutional evolution of other regional integration blocs. Katrin Nyman-Metcalf has a PhD in Law from Uppsala University in Sweden, specialised in Public International and EU law. She is Associate Professor at Riga Graduate School of Law, Latvia, and Concordia University, Estonia, as well as visiting professor at several other European universities. Apart from the academic work, she works as a legal consultant mainly in East and Central Europe with legislation, institution buildýng and EU accession preparation. Ioannis Papageorgiou has studied Law in Athens, Comparative Politics in Paris and holds a PhD in Development Cooperation, with specialization in Latin America, from the Université Libre de Bruxelles (ULB). He is an attorney-at-law in Athens, a consultant on migration and refugee matters and, since 2002, he teaches international migration in the School of Sociology of the University of the Aegean. He also taught EU Politics and Constitution in the Aristotle University of Thessaloniki.
The Caribbean Court Of Justice
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Author : Jan Yves Remy
language : en
Publisher: Routledge
Release Date : 2016-07-06
The Caribbean Court Of Justice written by Jan Yves Remy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-06 with categories.
The Caribbean Court of Justice came into operation in 2005 and is based in Trinidad. It has two distinct roles - it acts as an international court in relation to the treaty governing the integration of Caribbean states, and it also acts as an appeal court (replacing the UK Privy Council) for civil and criminal cases from certain Caribbean states. This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts - the European Court of Justice, the Andean Community Tribunal, the Southern African Development Community Tribunal and the East African Court of Justice.
Regional Integration Human Rights And Democratic Participation In Africa
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Author : Karin Deichmann
language : en
Publisher: Universitätsverlag Göttingen
Release Date : 2020
Regional Integration Human Rights And Democratic Participation In Africa written by Karin Deichmann and has been published by Universitätsverlag Göttingen this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Democracy categories.
The protection of human rights and popular participation on the first sight seem to contradict the often-existing image of the African continent. However, with the foundation of the African Union in 2000, both aspects gain greater importance on regional level. Besides that, many subregional courts within the sphere of sub-Sahara Africa partially started to develop human rights-related jurisdiction. In addition to that, most regional economic communities nowadays provide for their own parliamentary structures. The study aims to examine the several institutional structures and their competences on both, regional and subregional level. Besides that, it provides for a profound analysis of the jurisdiction of the respective courts as well as the communications of the African Commission of Human and Peoples’ Rights. Lastly, the study focuses on the correlation between the extension of the institutions’ competences and the political will of the involved governments.
Caribbean Integration Law
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Author : David S. Berry
language : en
Publisher: Oxford University Press
Release Date : 2014
Caribbean Integration Law written by David S. Berry 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 2014 with Law categories.
Two key regional organisations in the Caribbean, the Caribbean Community and the Organisation of Eastern Caribbean States, had their roles fundamentally expanded in 2001 by treaties that developed a single market and a regional court. This book sets out the new roles of these organisations and their impact on regional integration in the Caribbean.
The Function Of Judicial Decision In European Economic Integration
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Author : Clarence J. Mann
language : en
Publisher: Springer
Release Date : 2013-12-01
The Function Of Judicial Decision In European Economic Integration written by Clarence J. Mann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Social Science categories.
The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.
Judging International Human Rights
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Author : Stefan Kadelbach
language : en
Publisher: Springer
Release Date : 2019-04-15
Judging International Human Rights written by Stefan Kadelbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
The Judicial Politics Of Economic Integration
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Author : Osvaldo Saldias
language : en
Publisher: Routledge
Release Date : 2013-08-22
The Judicial Politics Of Economic Integration written by Osvaldo Saldias and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-22 with Law categories.
The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact), focusing on the establishment of the Andean Court of Justice and its case law, as well as the intellectual underpinnings that made such an impressive reform possible. The court is a transplant taken from the European integration process, and it materializes the visions, expectations, and dreams of the transnational development movement of "integration through law". The book discusses the outcomes of the Court in light of the debates about judicial reform in the process of development and regional integration. Although clearly confirming several earlier claims that "one size does not fit all", Osvaldo Saldias provides new insights into how legal transplants adapt and evolve, and how we can learn much more about legal reform from a project that presumably failed than from successful copies. The Andean Court of Justice is a remarkable example of an institution capable of adapting to political and economic challenges; therefore, in times of a severe European economic crisis we should not forget that we might improve our understanding of European integration by looking at developments in other regions. An interesting new study with an international focus, this book will be a fascinating read for students and scholars of Law and Latin American Studies.
Legal Aspects Of Economic Integration In Africa
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Author : Richard Frimpong Oppong
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-07
Legal Aspects Of Economic Integration In Africa written by Richard Frimpong Oppong 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 2011-07-07 with Law categories.
Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.
Regionalism In International Law
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Author : Ján Klučka
language : en
Publisher: Routledge
Release Date : 2017-12-01
Regionalism In International Law written by Ján Klučka and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-01 with Law categories.
International Law: Aspects of Regionalism evaluates regionalism in its various relationships and forms with respect to international law, as well as the importance and duties of international law in respect to the establishment and functioning of various forms of regional groups. A great deal of attention has been paid to regionalism from the global, political, ecocomic, security aspects, but a complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The main purpose of this volume is to eliminate this gap and present the latest state of knowledge on the topic. This text will be of interest both to students at an advanced level, academics, and reflective practitioners. It addresses the topics with regard to international law and regionalism and will be of interest to academics dealing with legal aspects of current regionalism and for the specialized courses in the faculties of law, as well as anyone studying diplomacy and international studies, international relations, regional integration law, EU law, international law, and international relations.
Region Building
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Author : Ludger Kühnhardt
language : en
Publisher: Berghahn Books
Release Date : 2010-07-01
Region Building written by Ludger Kühnhardt and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-01 with Political Science categories.
After two centuries of nation-building, the world has entered an era of region-building in search of political stability, cultural cohesion, and socio-economic development. Nations involved in the regional structures and integration schemes that are emerging in most regions of the world are deepening their ambitions, with Europe’s integration experience often used as an experimental template or theoretical model. Volume I provides a political-analytical framework for recognizing the central role of the European Union not only as a conceptual model but also a normative engine in the global proliferation of regional integration. It also gives a comprehensive treatment of the focus, motives, and objectives of non-European integration efforts. Volume II offers a unique collection of documents that give the best available overview of the legal and political evolution of region-building based on official documents and stated objectives of the relevant regional groupings across all continents. Together, these volumes are important contributions for understanding the evolution of global affairs in an age when power shifts provide new challenges and opportunities for transatlantic partners and the world community.