New Perspectives On The Divide Between National And International Law

Author : Janne E. Nijman,André Nollkaemper
Publisher : OUP Oxford
Page : 416 pages
File Size : 47,9 Mb
Release : 2007-11-01
Category : Law
ISBN : 9780191566561

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New Perspectives on the Divide Between National and International Law by Janne E. Nijman,André Nollkaemper Pdf

This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other hand The traditional and dominant understanding of this relationship is that there exists a strict separation between the international legal order and domestic legal orders. Processes of legal globalisation and internationalisation have made this relationship much more complex. Legal authority has shifted away from the state in both vertical and horizontal directions. Forced by the pressures of interdependence, states have allowed international bodies to oversee and sometimes even implement and enforce domestic legislation. At the same time, private persons are more and more drawn into an internationalized order. Increasing cross-border flows of services, goods and capital, mobility, and communication have further undermined any stable notion of what is national and what is international. This book offers several partly complementary and partly competing perspectives that allow us understand and make sense of the complex interaction between the international and domestic sphere.

Author : André Nollkaemper,Janne Elisabeth Nijman
Publisher : Oxford University Press on Demand
Page : 403 pages
File Size : 41,8 Mb
Release : 2007
Category : Law
ISBN : 9780199231942

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New Perspectives on the Divide Between National and International Law by André Nollkaemper,Janne Elisabeth Nijman Pdf

This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2024-06-15
Category : Electronic
ISBN : OCLC:1429285836

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New Perspectives and Conceptions of International Law by Anonim Pdf

Author : Lucas Lixinski,Lucie K. Morisset
Publisher : Taylor & Francis
Page : 683 pages
File Size : 55,8 Mb
Release : 2024-02-14
Category : Art
ISBN : 9781003852261

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The Routledge Handbook of Heritage and the Law by Lucas Lixinski,Lucie K. Morisset Pdf

The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways. Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared. The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning.

Author : Timothy E. Nielander
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 49,5 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781788119429

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Public–Private Partnerships in Global Development by Timothy E. Nielander Pdf

The global development community has articulated many collective aspirations in the Sustainable Development Goals (SDGs) aimed at transforming the world. Given the complicated issues that accompany globalization, State and non-State actors continue to explore the utility of public–private cooperation mechanisms. Public– private cooperation initiatives strive for global governance mechanisms involving oversight by all of the actors and operating frameworks that include multiple states, intergovernmental organizations, NGOs, private sector companies and prominent individuals.

Author : Astrid Kjeldgaard-Pedersen
Publisher : Oxford University Press
Page : 320 pages
File Size : 51,5 Mb
Release : 2018-08-09
Category : Law
ISBN : 9780192552341

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The International Legal Personality of the Individual by Astrid Kjeldgaard-Pedersen Pdf

This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.

Author : Machiko Kanetake,André Nollkaemper
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 40,7 Mb
Release : 2016-04-21
Category : Law
ISBN : 9781782256151

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The Rule of Law at the National and International Levels by Machiko Kanetake,André Nollkaemper Pdf

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

Author : John A. C. Cartner,Richard Fiske,Tara Leiter
Publisher : Routledge
Page : 874 pages
File Size : 51,5 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136653971

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The International Law of the Shipmaster by John A. C. Cartner,Richard Fiske,Tara Leiter Pdf

A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)

Author : Rain Liivoja,Jarna Petman
Publisher : Routledge
Page : 411 pages
File Size : 53,9 Mb
Release : 2014-01-10
Category : Law
ISBN : 9781135116057

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International Law-making by Rain Liivoja,Jarna Petman Pdf

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.

Author : Letizia Lo Giacco
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 42,6 Mb
Release : 2022-10-20
Category : Law
ISBN : 9781509948963

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Judicial Decisions in International Law Argumentation by Letizia Lo Giacco Pdf

This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.

Author : Dr Math Noortmann,Professor Cedric Ryngaert
Publisher : Ashgate Publishing, Ltd.
Page : 226 pages
File Size : 45,7 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781409499893

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Non-State Actor Dynamics in International Law by Dr Math Noortmann,Professor Cedric Ryngaert Pdf

Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.

Author : August Reinisch
Publisher : Oxford University Press
Page : 333 pages
File Size : 48,5 Mb
Release : 2010-09-09
Category : Law
ISBN : 9780199595297

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Challenging Acts of International Organizations Before National Courts by August Reinisch Pdf

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.

Author : André Nollkaemper
Publisher : Oxford University Press
Page : 384 pages
File Size : 43,9 Mb
Release : 2012
Category : Law
ISBN : 9780191652820

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National Courts and the International Rule of Law by André Nollkaemper Pdf

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 reviewed detention 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 Supreme Court 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.

Author : David Haljan
Publisher : Springer Science & Business Media
Page : 335 pages
File Size : 45,9 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048583

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Separating Powers: International Law before National Courts by David Haljan Pdf

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Author : Lorenzo Gasbarri
Publisher : Oxford University Press
Page : 257 pages
File Size : 55,6 Mb
Release : 2021-04-08
Category : Law
ISBN : 9780192648907

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The Concept of an International Organization in International Law by Lorenzo Gasbarri Pdf

Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.