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The legal practice in international law and European community law
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ISBN: 1281400777 9786611400774 9047411161 9789047411161 9789004154261 9004154264 9781281400772 661140077X Year: 2007 Publisher: Leiden Boston Martinus Nijhoff Publishers

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Abstract

This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.


Book
From eastern partnership to the association
Author:
ISBN: 1443868299 9781443868297 1322180253 9781322180250 1443858196 9781443858199 9781443868297 Year: 2014 Publisher: Newcastle upon Tyne Cambridge Scholars Publishing

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This unique book, representing the main output of the Jean Monnet Multilateral Research Project granted by the European Commission, is dedicated to the legal and political dimension of the European Union policy towards its Eastern neighbours, namely Ukraine, Belarus, Moldavia, Azerbaijan, Georgia and Armenia. The Eastern Partnership clearly occupies a privileged position in the EU's external relations and constitutes an important ""Eastern axis"" of the European Neighbourhood Policy. The book ...


Book
The Place of Law
Authors: --- ---
Year: 2006 Publisher: University of Michigan Press

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It has long been standard practice in legal studies to identify the place of law within the social order. And yet, as The Place of Law suggests, the meaning of the concept of "the place of law" is not self-evident.This book helps us see how the law defines territory and attempts to keep things in place; it shows how law can be, and is, used to create particular kinds of places -- differentiating, for example, individual property from public land. And it looks at place as a metaphor that organizes the way we see the world. This important new book urges us to ask about the usefulness of metaphors of place in the design of legal regulation.


Book
The international court of justice and municipal courts : an inter-judicial dialogue
Author:
ISBN: 9781032006901 1032006900 9781000580518 1000580512 9781000580532 1000580539 1032006900 1000580512 1000580539 1032006889 1032006897 Year: 2022 Publisher: New York, NY : Routledge, Taylor & Francis Group,

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Abstract

Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court hasexpanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.


Book
The assault on international law
Author:
ISBN: 0199987424 0199987416 9780199987412 9780199987405 0199987408 9780199987429 Year: 2015 Publisher: New York, NY

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"International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture became official government policy, President Bush denied that the Geneva Conventions applied to the war against al-Qaeda, and the US drifted away from international institutions like the International Criminal Court and the United Nations. Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. Theses abstract arguments then provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. Put together, these polemical accounts had an enormous impact on how politicians conduct foreign policy and how judges decide cases - ultimately triggering America's pernicious withdrawal from international cooperation. In The Assault on International Law, Jens Ohlin exposes the mistaken assumptions of these 'New Realists,' in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on a truly innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature--a result that is not only legally binding but also in each state's self-interest"--


Book
Is our house in order?
Author:
ISBN: 1283530619 9786613843067 0773580964 9780773580961 9780773537538 0773537538 9780773538146 0773538143 Year: 2010 Publisher: Montreal McGill-Queen's University Press

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Abstract

Canadians like to think that their country is law-abiding and honours its international commitments. Is Our House in Order? explores this public perception while considering whether or not it is correct in terms of domestic law.


Book
The operation of international law in the Russian legal system : a changing approach
Author:
ISBN: 9004391010 9004390200 Year: 2019 Publisher: Leiden : Brill Nijhoff,

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This book addresses the increased role and standing of international law in the Russian legal system through analysis of judicial practice since the adoption of the Russian Constitution in 1993. The issue of interaction and hierarchy between international and domestic law within the Russian Federation is studied, combining theoretical, legal and institutional elements. Sergey Marochkin explores how methods for incorporating and implementing international law (or reasons for failing to do so) have changed over time, influenced by internal and global policy. The final sections of the book are the most illustrative, examining how 'the rule of law’ remains subordinate to ‘the rule of politics’, both at the domestic and global level.


Book
International law and domestic human rights litigation in Africa
Author:
Year: 2010 Publisher: Pretoria University Law Press (PULP)

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"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.


Book
Revamping the European Union's enforcement systems with a view to eastern enlargement
Authors: ---
Year: 2000 Publisher: The Hague : WRR, Scientific Council for Government Policy,

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Abstract

De serie 'Werkdocumenten' omvat stukken die in het kader van de werkzaamheden van de WRR tot stand zijn gekomen en die op aanvraag door de raad beschikbaar worden gesteld. De verantwoordelijkheid voor de inhoud en de ingenomen standpunten berust bij de auteurs.


Book
National Courts and the International Rule of Law.
Authors: ---
ISBN: 1283974916 0191652822 0191652830 Year: 2011 Publisher: Oxford : OUP Oxford,

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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

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