Sovereign Emergencies
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Sovereign Emergencies
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Author : Patrick William Kelly
language : en
Publisher: Cambridge University Press
Release Date : 2018-05-10
Sovereign Emergencies written by Patrick William Kelly 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 2018-05-10 with History categories.
Shows how Latin America was the crucible of the global human rights revolution of the 1970s.
Sovereignty Emergency Legality
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Author : Austin Sarat
language : en
Publisher: Cambridge University Press
Release Date : 2010-02-26
Sovereignty Emergency Legality written by Austin Sarat 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 2010-02-26 with Law categories.
It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
Emergencies In Public Law
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Author : Karin Loevy
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-11
Emergencies In Public Law written by Karin Loevy 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 2016-03-11 with Law categories.
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Necessity And National Emergency Clauses
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Author : Diane A. Desierto
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-01-05
Necessity And National Emergency Clauses written by Diane A. Desierto 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 2012-01-05 with Political Science categories.
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Emergency Politics
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Author : Bonnie Honig
language : en
Publisher: Princeton University Press
Release Date : 2011-08-28
Emergency Politics written by Bonnie Honig 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 2011-08-28 with Political Science categories.
This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.
The Jurisprudence Of Emergency
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Author : Nasser Hussain
language : en
Publisher: University of Michigan Press
Release Date : 2019-08-02
The Jurisprudence Of Emergency written by Nasser Hussain and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-02 with History categories.
The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
European Disunion
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Author : Stefan Auer
language : en
Publisher: Hurst Publishers
Release Date : 2022-05-24
European Disunion written by Stefan Auer and has been published by Hurst Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-24 with Political Science categories.
The European Union means many different things to its many peoples. In Germany, for example, the European project was conceived mainly as post-national, or even post-sovereign. In France, by contrast, President Emmanuel Macron has pursued the vision of a sovereign Europe; that is, an EU that would become a formidable geopolitical actor. Yet, instead, Europe has struggled to ascertain its values abroad and even domestically, facing a sovereignist rebellion from its newer member states, such as Hungary and Poland, and the departure of Britain. The eurozone crisis has undermined the EU’s economic credentials, the refugee crisis its societal cohesion, the failure to stand up to Russia its sense of purpose, and the Covid-19 pandemic its credibility as a protector of European citizens. The key argument of this book is that the multiple crises of the European project are caused by one underlying factor: its bold attempt to overcome the age of nation-states. Left unchecked, supranational institutions tend to become ever more bureaucratic, eluding control of the people they are meant to serve. The logic of technocracy is thus pitted against the democratic impulse, which the European Union is supposed to embody. Democracy in Europe has suffered as a result.
The Law Of Emergencies
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Author : Nan D. Hunter
language : en
Publisher: Butterworth-Heinemann
Release Date : 2017-08-08
The Law Of Emergencies written by Nan D. Hunter and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-08 with Business & Economics categories.
The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. Updated with expanded coverage and several new chapters Re-organized to improve topic focus, with sections covering The President, Congress, and the Courts; Governance on the Ground; The Rights of Individuals; Disaster Management and Reconstruction; Health Emergencies; Preserving the Social Fabric; and Liability Includes a new disaster scenario (a dirty bomb explosion in Washington, DC) to illustrate the application of key concepts Features two new appendices that provide key excerpts from the U.S. Constitution and the Stafford Act Includes a new glossary of legal and legislative terms
Too Little Too Late
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Author : Martin Guzman
language : en
Publisher: Columbia University Press
Release Date : 2016-05-10
Too Little Too Late written by Martin Guzman and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-10 with Business & Economics categories.
The current approach to resolving sovereign debt crises does not work: sovereign debt restructurings come too late and address too little. Though unresolved debt crises impose enormous costs on societies, many recent restructurings have not been deep enough to provide the conditions for economic recovery (as illustrated by the Greek debt restructuring of 2012). And if the debtor decides not to accept the terms demanded by the creditors, finalizing a restructuring can be slowed by legal challenges (as illustrated by the recent case of Argentina, deemed as "the trial of the century"). A fresh start for distressed debtors is a basic principle of a well-functioning market economy, yet there is no international bankruptcy framework for sovereign debts. While this problem is not new, the United Nations and the global community are now willing to do something about it. Providing guidance for those who intend to take up reform, this book assesses the relative merits of various debt-restructuring proposals, especially in relation to the main deficiencies of the current nonsystem. With contributions by leading academics and practitioners, Too Little, Too Late reflects the overwhelming consensus among specialists on the need to find workable solutions.
States Of Emergency
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Author : Stephen Morton
language : en
Publisher: Liverpool University Press
Release Date : 2013-01-01
States Of Emergency written by Stephen Morton and has been published by Liverpool University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Literary Criticism categories.
States of Emergency examines how violent anticolonial struggles and the legal, military, and political techniques employed by colonial governments to contain them have been imagined in both literary and legal narratives. Through a series of case studies, Stephen Morton considers how colonial states of emergency have been defined and represented in the contexts of Ireland, India, South Africa, Algeria, Kenya, and Israel- Palestine, concluding with a compelling assessment of the continuities between colonial states of emergency and the war on terror in Iraq, Afghanistan, and Pakistan.