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Author : Marlene Wind
Publisher : Cambridge University Press
Page : 373 pages
File Size : 54,9 Mb
Release : 2018-07-12
Category : Law
ISBN : 9781108427760
Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.
Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 207 pages
File Size : 51,6 Mb
Release : 2014-02-10
Category : Law
ISBN : 9781107040229
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 207 pages
File Size : 41,6 Mb
Release : 2014-02-10
Category : Political Science
ISBN : 9781107471108
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Author : Karen J. Alter
Publisher : Princeton University Press
Page : 476 pages
File Size : 52,9 Mb
Release : 2014-01-26
Category : Political Science
ISBN : 9780691154756
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 51,9 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author : Wayne Sandholtz,Christopher A. Whytock
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 49,6 Mb
Release : 2017-02-24
Category : Law
ISBN : 9781783473984
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Author : Oumar Ba
Publisher : Unknown
Page : 206 pages
File Size : 50,9 Mb
Release : 2020-06-24
Category : Law
ISBN : 9781108801478
This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.
Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 255 pages
File Size : 47,9 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781009059558
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Author : Lauren J. Peritz
Publisher : University of Chicago Press
Page : 360 pages
File Size : 50,9 Mb
Release : 2022-11-29
Category : Political Science
ISBN : 9780226822150
"When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Despite their formal independence from international authority, states have created rules of behavior, particularly governing international economic relations, and international tribunals that are empowered to enforce them. Just how effective are these institutions? In Delivering on Promises Lauren Peritz demonstrates that these international courts do indeed deliver results-but they are only effective under certain conditions. States are more likely to fail to comply with international rules and decisions when domestic industries have the political ability to effectively oppose compliance in particular cases. The author evaluates her argument with an extensive empirical analysis tracing the domestic politics of compliance with the decisions of two international economic courts, the WTO Dispute Settlement Mechanism, and the Court of Justice of the European Union (ECJ) which focuses on trade disputes within the EU. At a time when international agreements and cooperation have come under attack by politicians such as Donald Trump and others, this is a timely investigation into the conditions that make international agreements and the institutions enforcing them vulnerable"--
Author : Helmut Philipp Aust,Georg Nolte
Publisher : Oxford University Press
Page : 384 pages
File Size : 42,8 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191059414
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Author : Jillienne Haglund
Publisher : Cambridge University Press
Page : 345 pages
File Size : 47,7 Mb
Release : 2020-06-25
Category : Political Science
ISBN : 9781108489300
Comparing regional human rights courts in Europe and the Americas, Haglund examines conditions under which regional courts deter rights abuses.
Author : Benedetto Conforti,Francesco Francioni
Publisher : BRILL
Page : 485 pages
File Size : 51,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481701
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Author : Christopher Rudolph
Publisher : Cornell University Press
Page : 247 pages
File Size : 55,8 Mb
Release : 2017-04-18
Category : Political Science
ISBN : 9781501708411
On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.
Author : Matthew Parish
Publisher : Edward Elgar Publishing
Page : 289 pages
File Size : 55,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931184
Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.
Author : Oona Anne Hathaway,Harold Hongju Koh
Publisher : Unknown
Page : 420 pages
File Size : 47,6 Mb
Release : 2005
Category : Law
ISBN : UOM:39015069131137
This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.
