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Challenging Acts of International Organizations Before National Courts

Challenging Acts of International Organizations Before National Courts Author August Reinisch
ISBN-10 9780199595297
Release 2010-09-09
Pages 302
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An increasing number of challenges against the activities and decisions of international organisations are brought before national courts. This book offers an overview of how different courts have dealt with these cases and an analysis of the legal framework which applies to them, identifying common ground across jurisdictions.



The Privileges and Immunities of International Organizations in Domestic Courts

The Privileges and Immunities of International Organizations in Domestic Courts Author August Reinisch
ISBN-10 9780199679409
Release 2013-09-12
Pages 376
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Proceedings of a conference on "Transnational Judicial Dialogue of Domestic Courts on International Organisations" at the Law School of the Universtiy of Vienna on 23 April 2012.



The Practice of International and National Courts and the De Fragmentation of International Law

The Practice of International and National Courts and the  De  Fragmentation of International Law Author Ole Kristian Fauchald
ISBN-10 9781847319159
Release 2014-10-01
Pages 382
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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.



In Whose Name

In Whose Name Author Armin von Bogdandy
ISBN-10 9780191026959
Release 2014-07-24
Pages 400
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.



National Courts and the International Rule of Law

National Courts and the International Rule of Law Author André Nollkaemper
ISBN-10 9780191652820
Release 2012
Pages 384
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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court revieweddetention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian SupremeCourt reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.



Immunities in the Age of Global Constitutionalism

Immunities in the Age of Global Constitutionalism Author Anne Peters
ISBN-10 9789004251632
Release 2014-11-07
Pages 378
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The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.



Decisions of International Institutions Before Domestic Courts

Decisions of International Institutions Before Domestic Courts Author Christoph Schreuer
ISBN-10 STANFORD:36105043672422
Release 1981
Pages 407
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Decisions of International Institutions Before Domestic Courts has been writing in one form or another for most of life. You can find so many inspiration from Decisions of International Institutions Before Domestic Courts also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Decisions of International Institutions Before Domestic Courts book for free.



Encyclopedia of Public International Law

Encyclopedia of Public International Law Author Rudolf Bernhardt
ISBN-10 STANFORD:36105060981557
Release 1995-01-01
Pages 1530
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Encyclopedia of Public International Law has been writing in one form or another for most of life. You can find so many inspiration from Encyclopedia of Public International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Encyclopedia of Public International Law book for free.



International Financial Institutions and International Law

International Financial Institutions and International Law Author David B. Hunter
ISBN-10 9789041128812
Release 2010
Pages 404
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Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs' operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume. The many issues raised include the following: * IFIs' impact on economic policies in Member States; * IFI operations as private financial transactions; * IFIs as key players in the creation of international law; * IFIs as promoters of the international capitalist system; * IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system; * consequences of an IFI's breach of its own internal policies or directives; * IFI immunity; * IFI capacity to sue and to be sued in national courts; * ability of various claimants to sue IFIs in domestic courts; * environmental and social rights and interests of third parties affected by IFI financing; * right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and * IFIs' treatment of workers' rights.



Jahrbuch F r Internationales Recht

Jahrbuch F  r Internationales Recht Author
ISBN-10 STANFORD:36105060322596
Release 2002
Pages 674
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Jahrbuch F r Internationales Recht has been writing in one form or another for most of life. You can find so many inspiration from Jahrbuch F r Internationales Recht also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Jahrbuch F r Internationales Recht book for free.



The European Court and National Courts doctrine and Jurisprudence

The European Court and National Courts  doctrine and Jurisprudence Author Anne-Marie Slaughter
ISBN-10 UOM:39015047138592
Release 1998
Pages 400
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The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and, especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.



Public Policy in International Economic Law

Public Policy in International Economic Law Author Diane Desierto
ISBN-10 9780191026485
Release 2015-02-19
Pages 432
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.



International Organizations and the Fight for Accountability International Organizations and the Fight for Accountability

International Organizations and the Fight for Accountability  International Organizations and the Fight for Accountability Author Carla Ferstman
ISBN-10 9780192536488
Release 2017-07-27
Pages 200
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International organizations have increasingly take on state or quasi state-like functions in which they exercise control over individuals and societies, most pressingly in contexts of conflict and transition.Their engagement in peace operations has progressively widened, with mandates now regularly including the protection of civilian populations and, in several new operations, containing peace enforcement responsibilities with active combat duties. This increases the risk that their conduct may infringe human rights and international humanitarian law. This book explores the ways in which the principles of accountability and reparation apply to international organizations. When considering whether international organizations are obliged to afford reparation and to whom it is owed, as well as what it entails, we are confronted with the challenge of understanding how the law of responsibility intersects with specialized regimes of human rights and international humanitarian law, particularly in its application to individuals. The justification for organizational immunities and other limits on international organizations' responsibilities were conceived to ensure their independence from state influences and their capacity to engage in often difficult circumstances. Many, if not all, of these rationales remain relevant today, yet disciplinary, oversight, and judicial structures that exist in state administrations to promote accountability and forestall abuses have only partially been put into place for international organizations. At the same time, individuals affected by their conduct have had no, or only cursory recourse to domestic, regional and international courts and they have not been able to rely on their states of nationality to pursue claims on their behalf.



Jurisdiction in International Law

Jurisdiction in International Law Author Cedric Ryngaert
ISBN-10 9780199688517
Release 2015
Pages 235
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.



International Organizations

International Organizations Author Margaret P. Karns
ISBN-10 1626371512
Release 2015-07-01
Pages 600
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The third edition of the award-winning International Organizations has been thoroughly revised and updated to take into account new developments and shifting power relations since 2009, as well as the most current scholarship. As before, the authors provide a comprehensive, in-depth examination of the full range of international organizations. New features of the book include attention to a broader range of theoretical approaches, to the increasing importance of regional organizations, and to emerging forms of governance. And new case studies highlight the governance dilemmas posed by the Libyan and Syrian civil wars, human trafficking, LGBT rights, climate change, and more. Margaret P. Karns is professor emerita of political science at the University of Dayton. Karen A. Mingst is professor of political science at the University of Kentucky and Lockwood Chair Professor in the university¿s Patterson School of Diplomacy and International Commerce. Kendall W. Stiles is professor of political science at Brigham Young University.



Law Books Published

Law Books Published Author
ISBN-10 IND:30000080912052
Release 2000
Pages
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Law Books Published has been writing in one form or another for most of life. You can find so many inspiration from Law Books Published also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Law Books Published book for free.



International Institutional Law Functioning and legal order

International Institutional Law  Functioning and legal order Author Henry G. Schermers
ISBN-10 STANFORD:36105062420281
Release 1972
Pages 486
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International Institutional Law Functioning and legal order has been writing in one form or another for most of life. You can find so many inspiration from International Institutional Law Functioning and legal order also informative, and entertaining. Click DOWNLOAD or Read Online button to get full International Institutional Law Functioning and legal order book for free.