› › The Role Of The Highest Courts Of The United States Of America And South Africa And The European Court Of Justice In Foreign Affairs

The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs

Author : Riaan Eksteen

Publisher : Springer

Page : 468 pages

File Size : 15,67 MB

Release : 2019-06-22

Category : Law

ISBN : 9462652953

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Book Description

This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.



The Oxford Handbook of Foreign Policy Analysis

Author : Juliet Kaarbo

Publisher : Oxford University Press

Page : 801 pages

File Size : 37,35 MB

Release : 2024-02-01

Category : Political Science

ISBN : 0192581015

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Book Description

The Oxford Handbook of Foreign Policy Analysis repositions the subfield of Foreign Policy Analysis (FPA) to a central analytic location within the study of International Relations (IR). Over the last twenty years, IR has seen a cross-theoretical turn toward incorporating domestic politics, decision-making, agency, practices, and subjectivity - the staples of the FPA subfield. This turn, however, is underdeveloped theoretically, empirically, and methodologically. To reconnect FPA and IR research, this handbook links FPA to other theoretical traditions in IR, takes FPA to a wider range of state and non-state actors, and connects FPA to significant policy challenges and debates. By advancing FPA along these trajectories, the handbook directly addresses enduring criticisms of FPA, including that it is isolated within IR, it is state-centric, its policy relevance is not always clear, and its theoretical foundations and methodological techniques are stale. The Oxford Handbook of Foreign Policy Analysis provides an inclusive and forward-looking assessment of this subfield. Edited and written by a team of word-class scholars and with a preface by Margaret Hermann and Stephen Walker, the handbook sets the agenda for future research in FPA and in IR. The Oxford Handbooks of International Relations is a twelve-volume set of reference books offering authoritative and innovative engagements with the principal sub-fields of International Relations. The series as a whole is under the General Editorship of Christian Reus-Smit of the University of Queensland and Duncan Snidal of the University of Oxford, with each volume edited by specialists in the field. The series both surveys the broad terrain of International Relations scholarship and reshapes it, pushing each sub-field in challenging new directions. Following the example of Reus-Smit and Snidal's original Oxford Handbook of International Relations, each volume is organized around a strong central thematic by scholars drawn from different perspectives, reading its sub-field in an entirely new way, and pushing scholarship in challenging new directions.



Encounters between Foreign Relations Law and International Law

Author : Helmut Philipp Aust

Publisher : Cambridge University Press

Page : 417 pages

File Size : 31,40 MB

Release : 2021-06-03

Category : Law

ISBN : 1108943918

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Book Description

Foreign relations law and public international law are two closely related academic fields that tend to speak past each other. As this innovative volume shows, the two are closely interrelated and depend on each other for their mutual construction and identity. A better understanding of this relationship is of vital importance for upholding important constitutional values like democracy, the rule of law and the protection of human rights, while enabling states to engage in meaningful forms of international cooperation. The book takes a close look at the encounters between the two fields and offers perspectives for a constructive engagement between the two. Collectively, the contributions argue that the delimitation between the two fields occurs in a hybrid zone of interaction which requires both bridges and boundaries: bridges for the construction of the relationship between the two fields, and boundaries for preserving key normative expectations of both domestic and international law. This title is also available as Open Access on Cambridge Core.



International Law and Contemporary Global Challenges

Author : Max Hilaire

Publisher : Logos Verlag Berlin GmbH

Page : 188 pages

File Size : 42,36 MB

Release : 2024-03-18

Category :

ISBN : 3832557881

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Book Description

This book simultaneously sheds light on the most pressing global challenges facing humanity in the 21st century and pays tribute to President Vaclav Havel of the Czech Republic, who had a great impact on the transformation of world politics in the 20th century. It examines in detail contemporary international issues such as climate change, mass migration, refugees, internal armed conflicts, great power rivalry, and regional political instability. It also underscores the increasing inability of the Westphalian model to solve complex transnational problems and calls for a new approach. Included as a postscript is an extensive analysis of the resurgence of dictatorial regimes in many regions of the world and their attempt to undo the rules-based international order established after World War II. This trend is a setback for those who fought tirelessly to end the Cold War and to spread freedom and democracy to millions of people across the globe. Today that legacy is being challenged by autocratic regimes that see respect for human rights as a threat to their political survival. International law is what unites us as citizens of the world; and only through international law and multilateral cooperation, can we address the global challenges examined in this book.



South Africa's Crisis of Constitutional Democracy

Author : Robert A. Licht

Publisher : American Enterprise Institute

Page : 284 pages

File Size : 18,9 MB

Release : 1994

Category : Business & Economics

ISBN : 9780844738345

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Book Description

This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way.



Judicial Politics in the United States

Author : Mark C. Miller

Publisher : Routledge

Page : 272 pages

File Size : 26,38 MB

Release : 2018-09-03

Category : Political Science

ISBN : 0429973233

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Book Description

Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.



International Trade Law and Domestic Policy

Author : Jacqueline Krikorian

Publisher : UBC Press

Page : 322 pages

File Size : 35,64 MB

Release : 2012

Category : Law

ISBN : 0774823062

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Book Description

Critics of the World Trade Organization argue that its binding dispute settlement process imposes a neoliberal agenda on its member states with little to no input from their citizenry or governments. If this is the case, why would any nation agree to participate? In International Trade Law and Domestic Policy, Jacqueline Krikorian explores this question by examining the impact of the WTO's dispute settlement mechanism on domestic policies in the United States and Canada. She demonstrates that the WTO's ability to influence domestic arrangements has been constrained by three factors: judicial deference, institutional arrangements, and strategic decision making by political elites in Ottawa and Washington. In this groundbreaking assessment of whether supranational courts are now setting the legislative agenda of sovereign nations, Krikorian brings the insights of law and politics scholarship to bear on a subject matter traditionally addressed by international relations scholars. By doing so, she shows that the classic division between these two fields of study in the discipline of political science, though suitable in the postwar era, is outdated in the context of a globalized world.



Understanding International Law

Author : Conway W. Henderson

Publisher : John Wiley & Sons

Page : 488 pages

File Size : 17,17 MB

Release : 2009-11-25

Category : Law

ISBN : 9781444318258

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Book Description

Understanding International Law presents a comprehensive,accessible introduction to the various aspects of international lawwhile addressing its interrelationship with world politics. Presents well-organized, balanced coverage of all aspects ofinternational law Features an accompanying website with direct access to courtcases and study and discussion questions. Visit the site at:ahref="http://www.wiley.com/go/internationallaw"www.wiley.com/go/internationallaw/a Includes discussion of the efficacy of international law, atopic unique among international law texts Offers discussion of other topics that most texts do notaddress, such as complete chapters on making the world safer, humanrights, the environment, and the world economy





The Impact of Globalization on the United States

Author : Michelle Bertho

Publisher : Bloomsbury Publishing USA

Page : 975 pages

File Size : 21,93 MB

Release : 2008-09-30

Category : Business & Economics

ISBN : 0313083193

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Book Description

Over the past decade, a virtual cottage industry has arisen to produce books and articles describing the nature, origins, and impact of globalization. Largely and surprisingly absent from this literature, however, has been extensive discussion of how globalization is affecting the United States itself. Indeed, it is rarely even acknowledged that while the United States may be providing a crucial impetus to globalization, the process of globalization — once set in motion — has become a force unto itself. Thus globalization has its own logic and demands that are having a profound impact within the United States, often in ways that are unanticipated. This set offers the first in-depth, systematic effort at assessing the United States not as a globalizing force but as a nation being transformed by globalization. Among the topics studied are globalization in the form of intensified international linkages; globalization as a universalizing and/or Westernizing force; globalization in the form of liberalized flows of trade, capital, and labor; and globalization as a force for the creation of transnational and superterritorial entities and allegiances. These volumes examine how each of these facets of globalization affects American government, law, business, economy, society, and culture.