Adjudicating New Governance

Author : Emilia Korkea-aho
Publisher : Routledge
Page : 267 pages
File Size : 51,9 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317658306

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Adjudicating New Governance by Emilia Korkea-aho Pdf

This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

Author : Chad Vickery
Publisher : IFES
Page : 356 pages
File Size : 49,5 Mb
Release : 2011
Category : Contested elections
ISBN : 9781931459624

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Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections by Chad Vickery Pdf

Author : George Letsas,Colm O'Cinneide
Publisher : Current Legal Problems
Page : 695 pages
File Size : 40,8 Mb
Release : 2011-01-30
Category : Law
ISBN : 9780199602582

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Current Legal Problems 2010 by George Letsas,Colm O'Cinneide Pdf

This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.

Author : William C. G. Burns,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 413 pages
File Size : 55,8 Mb
Release : 2009-07-27
Category : Law
ISBN : 9781139480895

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Adjudicating Climate Change by William C. G. Burns,Hari M. Osofsky Pdf

Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.

Author : Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Publisher : Cambridge University Press
Page : 561 pages
File Size : 46,6 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781108476966

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Global Governance and the Emergence of Global Institutions for the 21st Century by Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff Pdf

Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

Author : Kjell A Eliassen,Nick Sitter
Publisher : SAGE
Page : 210 pages
File Size : 55,9 Mb
Release : 2008-02-25
Category : Political Science
ISBN : 9781849206464

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Understanding Public Management by Kjell A Eliassen,Nick Sitter Pdf

′A broad-ranging and highly intelligent account of key recent developments internationally which skillfully updates the public management and governance literatures′ - Ewan Ferlie, Royal Holloway ′Public management has been radically changed and reformed... this book gives students a fine introduction to these changes and to the theories dealing with them′ - Jørgen Grønnegaard Christensen, University of Aarhus An introduction and guide to the dramatic changes that have occurred in the provision of public services over the last two decades, this book combines theoretical perspectives with a range of case studies from Europe, North America and further afield to explain why, how and with what success liberal democracies have reformed the service role of the state. The book pays close attention to four major dimensions of this transition: " External challenges and opportunties: globalisation and EU integration " Reducing the role of the state: Liberalisation, privatisation, regulation and competition policy " Improving the role of the state: New Public Management, e-Government and beyond " Managing the New Public Sector: organisations, strategy and leadership This text is designed for undergraduate courses in public governance, but it also addresses the core components of MPA programmes - the parameters, tools, principles and theories of public sector reform.

Author : Stavros Zouridis,Sam Muller,Peter Polakovic
Publisher : Torkel Opsahl Academic EPublisher
Page : 175 pages
File Size : 51,8 Mb
Release : 2018-06-01
Category : Law
ISBN : 9788283480238

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Towards Shockproof European Legal and Governance Strategies by Stavros Zouridis,Sam Muller,Peter Polakovic Pdf

Author : Emma S. Norman,Christina Cook
Publisher : Routledge
Page : 350 pages
File Size : 49,7 Mb
Release : 2016-03-09
Category : Nature
ISBN : 9781317089162

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Negotiating Water Governance by Emma S. Norman,Christina Cook Pdf

Those who control water, hold power. Complicating matters, water is a flow resource; constantly changing states between liquid, solid, and gas, being incorporated into living and non-living things and crossing boundaries of all kinds. As a result, water governance has much to do with the question of boundaries and scale: who is in and who is out of decision-making structures? Which of the many boundaries that water crosses should be used for decision-making related to its governance? Recently, efforts to understand the relationship between water and political boundaries have come to the fore of water governance debates: how and why does water governance fragment across sectors and governmental departments? How can we govern shared waters more effectively? How do politics and power play out in water governance? This book brings together and connects the work of scholars to engage with such questions. The introduction of scalar debates into water governance discussions is a significant advancement of both governance studies and scalar theory: decision-making with respect to water is often, implicitly, a decision about scale and its related politics. When water managers or scholars explore municipal water service delivery systems, argue that integrated approaches to salmon stewardship are critical to their survival, query the damming of a river to provide power to another region and investigate access to potable water - they are deliberating the politics of scale. Accessible, engaging, and informative, the volume offers an overview and advancement of both scalar and governance studies while examining practical solutions to the challenges of water governance.

Author : Zoltán Szente,Fruzsina Gárdos-Orosz
Publisher : Routledge
Page : 324 pages
File Size : 47,6 Mb
Release : 2018-03-09
Category : Law
ISBN : 9781351674744

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New Challenges to Constitutional Adjudication in Europe by Zoltán Szente,Fruzsina Gárdos-Orosz Pdf

In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.

Author : Marise Cremona,Hans-W Micklitz
Publisher : Oxford University Press
Page : 350 pages
File Size : 47,9 Mb
Release : 2016-03-18
Category : Law
ISBN : 9780191062001

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Private Law in the External Relations of the EU by Marise Cremona,Hans-W Micklitz Pdf

Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.

Author : Leïla Choukroune,Rahul Donde
Publisher : Routledge
Page : 190 pages
File Size : 40,7 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781000407969

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Adjudicating Global Business in and with India by Leïla Choukroune,Rahul Donde Pdf

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

Author : Ignacio de la Rasilla,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 341 pages
File Size : 43,7 Mb
Release : 2019-03-28
Category : Law
ISBN : 9781108474948

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Experiments in International Adjudication by Ignacio de la Rasilla,Jorge E. Viñuales Pdf

Examines many seminal experiments in international adjudication and the origins of several major existing international courts.

Author : K S Ravichandran
Publisher : Bloomsbury Publishing
Page : 834 pages
File Size : 45,5 Mb
Release : 2020-05-23
Category : Business & Economics
ISBN : 9789390176182

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Guide to Compounding, Adjudication and Prosecution by K S Ravichandran Pdf

Highlights ? A complete guide to provisions, procedure and judicial precedents on offences and contraventions under the Company Law, Securities Laws and FEMA. ? Compounding of offences and adjudication of penalties and appeals thereof. ? Directions, disgorgement and settlement of proceedings under Securities Laws and other Relief and Remedies under the Companies Act, 2013. ? Search, seizure, enquiry, inspection and investigation under the Company Law, Securities Laws and FEMA. ? Crisp account of cognizable, bailable and non-bailable offences ? Trial procedures, and quashing of criminal complaints under the Criminal Procedure Code.

Author : Sivan Shlomo Agon
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 44,7 Mb
Release : 2019-09-12
Category : Law
ISBN : 9780198788966

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International Adjudication on Trial by Sivan Shlomo Agon Pdf

This book puts forward a multidimensional goal-based framework for analysing the effectiveness of the WTO dispute settlement system, while challenging the tendency in current literature to capture the effectiveness of this complex international adjudicatory system through the narrow and fixed concept of compliance. Drawing on the goals - based approach-the book broadly conceptualizes the effectiveness of the WTO dispute settlement system as the extent to which this system achieves its goals, while using the multiple conflicting and shifting objectives set for the system by WTO Members as the key effectiveness benchmarks. In so doing, it offers a comprehensive empirical account of the manifold and contradictory goals-beyond compliance-entrusted with the WTO dispute settlement system by its mandate providers, and probes the complex trade-offs struck between the multiple goals on the ground. This work addresses cutting-edge legal and institutional questions while implementing a qualitative empirical research design. Drawing on numerous interviews with WTO adjudicators, staff members of the WTO Secretariat, state officials, and trade lawyers, Agon crafts an insider's look into the actual world of WTO adjudication and sets out a framework for a more nuanced and complex analysis of judicial effectiveness at the WTO.

Author : Benjamin Mason Meier,Lawrence O. Gostin
Publisher : Oxford University Press
Page : 456 pages
File Size : 48,7 Mb
Release : 2018-03-27
Category : Law
ISBN : 9780190672706

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Human Rights in Global Health by Benjamin Mason Meier,Lawrence O. Gostin Pdf

Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.