The Andean Legal Order
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The Andean Legal Order
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Author : F. V. García Amador
language : en
Publisher:
Release Date : 1978
The Andean Legal Order written by F. V. García Amador and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
Transplanting International Courts
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Author : Karen J. Alter
language : en
Publisher: Oxford University Press
Release Date : 2017
Transplanting International Courts written by Karen J. Alter 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 2017 with Law categories.
The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the Tribunal was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the Tribunal's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. It finally provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.
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.
Eu Law And Integration
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Author : José Luís Da Cruz Vilaça
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-09-04
Eu Law And Integration written by José Luís Da Cruz Vilaça and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-04 with Law categories.
This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.
Transnational Legal Orders
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-19
Transnational Legal Orders written by Terence C. Halliday 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 2015-01-19 with Business & Economics categories.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Andean Cosmopolitans
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Author : José Carlos de la Puente Luna
language : en
Publisher: University of Texas Press
Release Date : 2018-02-05
Andean Cosmopolitans written by José Carlos de la Puente Luna and has been published by University of Texas Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-05 with History categories.
Winner, Premio Flora Tristán Al Mejor Libro, Peru Section, Latin American Studies Association, 2019 After the Spanish victories over the Inca claimed Tawantinsuyu for Charles V in the 1530s, native Andeans undertook a series of perilous trips from Peru to the royal court in Spain. Ranging from an indigenous commoner entrusted with delivering birds of prey for courtly entertainment to an Inca prince who spent his days amid titles, pensions, and other royal favors, these sojourners were both exceptional and paradigmatic. Together, they shared a conviction that the sovereign's absolute authority would guarantee that justice would be done and service would receive its due reward. As they negotiated their claims with imperial officials, Amerindian peoples helped forge the connections that sustained the expanding Habsburg realm's imaginary and gave the modern global age its defining character. Andean Cosmopolitans recovers these travelers' dramatic experiences, while simultaneously highlighting their profound influences on the making and remaking of the colonial world. While Spain's American possessions became Spanish in many ways, the Andean travelers (in their cosmopolitan lives and journeys) also helped to shape Spain in the image and likeness of Peru. De la Puente brings remarkable insights to a narrative showing how previously unknown peoples and ideas created new power structures and institutions, as well as novel ways of being urban, Indian, elite, and subject. As indigenous people articulated and defended their own views regarding the legal and political character of the "Republic of the Indians," they became state-builders of a special kind, cocreating the colonial order.
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.
Latin American And Caribbean International Institutional Law
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Author : Marco Odello
language : en
Publisher: Springer
Release Date : 2015-07-10
Latin American And Caribbean International Institutional Law written by Marco Odello and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-10 with Law categories.
This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters. The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law. The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines. Marco Odello, JD (Rome), LLM (Nottingham), PhD (Madrid) is a Reader in Law at Aberystwyth University, Wales, UK. Francesco Seatzu, JD (Cagliari), PhD (Nottingham) is Professor of International and European Law at the University of Cagliari, Sardinia, Italy.
Theory Of Legal Personhood
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Author : Visa A. J. Kurki
language : en
Publisher: Oxford University Press
Release Date : 2019
Theory Of Legal Personhood written by Visa A. J. Kurki 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 2019 with Law categories.
Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."
Trade Agreements Investment Protection And Dispute Settlement In Latin America
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Author : Belén Olmos Giupponi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-01-15
Trade Agreements Investment Protection And Dispute Settlement In Latin America written by Belén Olmos Giupponi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-15 with Law categories.
In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region's various economic blocs. Among the many issues and topics raised the following may be mentioned: • questions of compliance and procedure in the context of today's international investment regime; • formalized dispute settlement mechanisms; • alternative dispute resolution channels, including dispute prevention practices; • legitimacy and transparency of the various dispute settlement mechanisms; • inclusion of social clauses in trade and investment agreements; and • avoidance of investment treaty liability. In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change. As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book's detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres and officials in international organizations will welcome this book's model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.