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Can foreign rule be morally justified? Since the end of the First World War, international transitional administrations have replaced dysfunctional states to create the conditions for lasting peace and democracy. In response to extreme state failure, the author argues, this form of foreign rule is not only justified, but a requirement of justice.
Lori Fisler Damrosch,American Society of International Law
Author : Lori Fisler Damrosch,American Society of International Law Publisher : Hotei Publishing Page : 554 pages File Size : 52,5 Mb Release : 1987 Category : Law ISBN : UOM:39015015385399
The International Court of Justice at a Crossroads by Lori Fisler Damrosch,American Society of International Law Pdf
This major study of the International Court of Justice was the first comprehensive analysis of the issues confronting governments in reexamining the scope of their consent to the Court's jurisdiction. Topics include the suitability of various kinds of disputes for resolution by the Court; problems of non-appearance, non-participation, and non-performance; provisional measures; and more.
Commentaries on the Conflict of Laws, Foreign and Domestic, in Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgments by Joseph Story Pdf
"An Epoch in the Law" The first systematic work on the subject and an indisputable legal classic, Story's Commentaries on the Conflict of Laws synthesized the standard sources of the day, both Anglo-American and Continental, analyzed them with great skill and arranged them in an accessible manner. It was held in high respect in North America, Great Britain and Europe and went through eight editions. Joseph Story [1779-1845] became the youngest Associate Justice of the Supreme Court of the United States in 1811 and in 1829 was appointed the first Dane Professor of Law at Harvard Law School. An important educator who played a key role in the law school's development, he wrote several influential treatises, such as the landmark Commentaries on the Constitution (1833). ..". [i]t is not too much to say that its publication constituted an epoch in the law; for it became at once the standard and almost the sole authority...[it also] received the honor of being practically the first American law book to be cited as authority in English courts."--Charles Warren, A History of the American Bar 545 CONTENTS List of Authors cited List of Cases cited I. Introductory remarks II. General Maxims of International Jurisprudence III. National Domicil IV. Capacity of Persons V. Marriage VI. Marriage - Incidents to VII. Foreign Divorces VIII. Foreign Contracts IX. Personal Property X. Real Property XI. Wills and Testaments XII. Succession and Distribution XIII. Foreign Guardianships and Administrations XIV. Jurisdiction and Remedies XV. Foreign Judgments XVI. Penal Laws and Offences XVII. Evidence and Proofs Index
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Donald W. Jackson,Michael C. Tolley,Mary L. Volcansek
Author : Donald W. Jackson,Michael C. Tolley,Mary L. Volcansek Publisher : State University of New York Press Page : 315 pages File Size : 43,6 Mb Release : 2010-04-07 Category : Political Science ISBN : 9781438430713
Promoting the Rule of Law Abroad by Thomas Carothers Pdf
Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce.
In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
The Development of International Law by the International Court of Justice by Christian J. Tams,James Sloan Pdf
This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.
Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings
Justice, Legitimacy, and Self-Determination by Allen Buchanan Pdf
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Author : United States. Department of Justice Publisher : Unknown Page : 128 pages File Size : 43,7 Mb Release : 1988 Category : Justice, Administration of ISBN : OCLC:19110395
Nicaragua Before the International Court of Justice by Edgardo Sobenes Obregon,Benjamin Samson Pdf
This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
