The Rule Of Law In International And Comparative Context
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The International Rule Of Law
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Author : Heike Krieger
language : en
Publisher:
Release Date : 2019
The International Rule Of Law written by Heike Krieger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.
A Cosmopolitan Jurisprudence
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Author : Helge Dedek
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-18
A Cosmopolitan Jurisprudence written by Helge Dedek 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 2024-04-18 with Law categories.
H. Patrick Glenn (1940-2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
The Rule Of Law At The National And International Levels
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Author : Machiko Kanetake
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-21
The Rule Of Law At The National And International Levels written by Machiko Kanetake and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-09
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat 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 2020-07-09 with Law categories.
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
The Rule Of Law In International And Comparative Context
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Author : Robert McCorquodale
language : en
Publisher: BIICL
Release Date : 2010
The Rule Of Law In International And Comparative Context written by Robert McCorquodale and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Includes bibliographical references and index.
The Cambridge Companion To Comparative Constitutional Law
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Cambridge Companion To Comparative Constitutional Law written by Roger Masterman 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 2019-10-03 with Law categories.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Handbook On The Rule Of Law
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Author : Christopher May
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
Handbook On The Rule Of Law written by Christopher May and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-31 with Law categories.
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat
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Author : James R. Silkenat
language : en
Publisher: Springer
Release Date : 2014-05-28
The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat written by James R. Silkenat and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-28 with Law categories.
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Global Governance And The Emergence Of Global Institutions For The 21st Century
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Author : Augusto Lopez-Claros
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-07
Global Governance And The Emergence Of Global Institutions For The 21st Century written by Augusto Lopez-Claros 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 2022-07-07 with Law categories.
Is there any hope for those who despair at the state of the world and the powerlessness of governments to find a way forward? Global Governance and the Emergence of Global Institutions for the 21st Century provides ambitious but reasonable proposals to give our globalized world the institutions of international governance necessary to address effectively the catastrophic risks facing humanity that are beyond national control. The solution, the authors suggest, is to extend to the international level the same principles of sensible governance that exist in well-governed national systems: rule of law, legislation in the common interest, an executive branch to implement such legislation, and courts to enforce it. The best protection is unified collective action, based on shared values and respect for diversity, to implement widely accepted international principles to advance universal human prosperity and well-being. This title is also available as Open Access.
How To Do Things With International Law
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Author : Ian Hurd
language : en
Publisher: Princeton University Press
Release Date : 2019-08-27
How To Do Things With International Law written by Ian Hurd 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 2019-08-27 with Law categories.
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.