Author : Robert McCorquodale
Publisher : BIICL
Page : 276 pages
File Size : 48,68 MB
Release : 2010
Category : Law
ISBN : 9781905221424
Includes bibliographical references and index.
Author : Werner F. Menski
Publisher : Cambridge University Press
Page : 565 pages
File Size : 27,90 MB
Release : 2006-03-30
Category : Law
ISBN : 1139452711
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Author : Heike Krieger
Publisher :
Page : 401 pages
File Size : 12,27 MB
Release : 2019
Category : Law
ISBN : 0198843607
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.
Author : Ian Hurd
Publisher : Princeton University Press
Page : 200 pages
File Size : 20,66 MB
Release : 2019-08-27
Category : Law
ISBN : 0691196508
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.
Author : Daniel Peat
Publisher : Cambridge University Press
Page : 292 pages
File Size : 23,19 MB
Release : 2020-07-09
Category : Law
ISBN : 9781108401470
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.
Author : Anthea Roberts
Publisher : Oxford University Press
Page : 641 pages
File Size : 16,57 MB
Release : 2018
Category : Law
ISBN : 0190697571
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Author : Roger Masterman
Publisher : Cambridge University Press
Page : 653 pages
File Size : 15,1 MB
Release : 2019-10-03
Category : Law
ISBN : 1107167817
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.
Author : Jeremy Matam Farrall
Publisher : Cambridge University Press
Page : 574 pages
File Size : 28,19 MB
Release : 2009-07-09
Category : Law
ISBN : 9780521141987
The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 392 pages
File Size : 28,41 MB
Release : 2008-05-08
Category : Law
ISBN : 9780521720410
Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.
Author : Machiko Kanetake
Publisher : Bloomsbury Publishing
Page : 489 pages
File Size : 38,26 MB
Release : 2016-04-21
Category : Law
ISBN : 1782256156
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.
