Rule Of Law Legitimate Governance Development In The Pacific

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Rule of Law, Legitimate Governance & Development in the Pacific

Author : Iutisone Salevao
Publisher : ANU E Press
Page : 212 pages
File Size : 48,6 Mb
Release : 2005
Category : Law
ISBN : UOM:39015066730337

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Rule of Law, Legitimate Governance & Development in the Pacific by Iutisone Salevao Pdf

Using the rule of law as a framework, this book recasts Western theories of law, good governance and development in a Pacific perspective.

Passage of Change

Author : Anita Jowitt,Tess Newton Cain
Publisher : Unknown
Page : 357 pages
File Size : 54,6 Mb
Release : 2010
Category : Customary law
ISBN : 1921666889

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Passage of Change by Anita Jowitt,Tess Newton Cain Pdf

Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.

Democracy and Rule of Law in China's Shadow

Author : Brian Christopher Jones
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 52,9 Mb
Release : 2021-06-03
Category : Law
ISBN : 9781509933983

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Democracy and Rule of Law in China's Shadow by Brian Christopher Jones Pdf

This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

Designing Indicators for a Plural Legal World

Author : Siddharth Peter de Souza
Publisher : Cambridge University Press
Page : 288 pages
File Size : 45,9 Mb
Release : 2022-09-30
Category : Law
ISBN : 9781316514894

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Designing Indicators for a Plural Legal World by Siddharth Peter de Souza Pdf

It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.

Foreign Judges in the Pacific

Author : Anna Dziedzic
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 44,7 Mb
Release : 2021-11-04
Category : Law
ISBN : 9781509942886

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Foreign Judges in the Pacific by Anna Dziedzic Pdf

This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.

Investment Protection Standards and the Rule of Law

Author : August Reinisch,Professor of International and European Law August Reinisch,Professor of International and Economic Law and Governance Stephan W Schill,Stephan W. Schill
Publisher : Oxford University Press
Page : 417 pages
File Size : 40,7 Mb
Release : 2023-02-03
Category : Law
ISBN : 9780192864581

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Investment Protection Standards and the Rule of Law by August Reinisch,Professor of International and European Law August Reinisch,Professor of International and Economic Law and Governance Stephan W Schill,Stephan W. Schill Pdf

This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

Rule of Law Dynamics

Author : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,7 Mb
Release : 2012-06-18
Category : Law
ISBN : 9781139510974

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Rule of Law Dynamics by Michael Zurn,Andre Nollkaemper,Randy Peerenboom Pdf

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Dismembered

Author : David E. Wilkins,Shelly Hulse Wilkins
Publisher : University of Washington Press
Page : 225 pages
File Size : 53,9 Mb
Release : 2017-06-06
Category : Social Science
ISBN : 9780295741598

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Dismembered by David E. Wilkins,Shelly Hulse Wilkins Pdf

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.

Legitimate Governance in Africa

Author : Edward Kofi Quashigah,Obiora Chinedu Okafor
Publisher : Martinus Nijhoff Publishers
Page : 640 pages
File Size : 41,8 Mb
Release : 1999-04-14
Category : Political Science
ISBN : 904111176X

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Legitimate Governance in Africa by Edward Kofi Quashigah,Obiora Chinedu Okafor Pdf

Part I - Introduction.

Global Governance and the Emergence of Global Institutions for the 21st Century

Author : Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Publisher : Cambridge University Press
Page : 561 pages
File Size : 41,9 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.

The Rule of Law in Afghanistan

Author : Whit Mason
Publisher : Cambridge University Press
Page : 367 pages
File Size : 46,9 Mb
Release : 2011-04-14
Category : Law
ISBN : 9781139495523

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The Rule of Law in Afghanistan by Whit Mason Pdf

How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.

Governance and Democracy in the Asia-Pacific

Author : Stephen McCarthy,Mark R. Thompson
Publisher : Routledge
Page : 240 pages
File Size : 52,6 Mb
Release : 2020-03-17
Category : Political Science
ISBN : 9781317961680

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Governance and Democracy in the Asia-Pacific by Stephen McCarthy,Mark R. Thompson Pdf

This book explores the theoretical and empirical relationship between democracy and governance in the Asia-Pacific region. Examining a variety of country cases and themes addressing the theoretical tension between governance and democracy, it illuminates how this impacts political and civil societies across the region. Analysing the character, structure and current trajectories of polities in the Asia-Pacific, democratic or otherwise, this book demonstrates that the role of civil society, political society and governance has significantly differed in practice from what has been commonly assumed within the international community. The book includes both theoretical investigations tracing the modern development of the concepts of governance, development and democratization as well as regional and country-specific observations of major issues, presenting comprehensive country-level studies of China, Singapore, Thailand, Cambodia, the Philippines, Myanmar, Fiji and the Solomon Islands. Presenting fascinating insight into non-democratic governance, civil society and the rule of law in illiberal contexts, Governance and Democracy in the Asia-Pacific will prove to be of great use to students and scholars of Asian politics and society, as well as international and comparative politics.

Civil Society and Transitional Justice in Asia and the Pacific

Author : Claire Cronin,Lia Kent,JoAnne Wallis
Publisher : ANU Press
Page : 259 pages
File Size : 40,5 Mb
Release : 2019-01-01
Category : Civil society
ISBN : 9781760463298

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Civil Society and Transitional Justice in Asia and the Pacific by Claire Cronin,Lia Kent,JoAnne Wallis Pdf

Over the last two decades, civil society has helped catalyse responses to the legacies of violent conflicts and oppressive political regimes in Asia and the Pacific. Civil society has advocated for the establishment of criminal trials and truth commissions, monitored their operations and pushed for take-up of their recommendations. It has also initiated community-based transitional justice responses. Yet, there has been little in-depth examination of the breadth and diversity of these roles. This book addresses this gap by analysing the heterogeneity of civil society transitional justice activity in Asia and the Pacific. Based upon empirically grounded case studies of Timor-Leste, Indonesia, Cambodia, Myanmar, Bougainville, Solomon Islands and Fiji, this book illustrates that civil society actors can have different - and sometimes competing - priorities, resources and approaches to transitional justice. Their work is also underpinned by diverse understandings of 'justice'. By reflecting on the richness of this activity, this book advances contemporary debates about transitional justice and civil society. It will also be a valuable resource for scholars and practitioners working on Asia and the Pacific.

McCoubrey & White's Textbook on Jurisprudence

Author : James Penner,Nigel D. White,H. McCoubrey,Emmanuel Melissaris
Publisher : Oxford University Press
Page : 292 pages
File Size : 51,8 Mb
Release : 2012-08-30
Category : Law
ISBN : 9780199584345

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McCoubrey & White's Textbook on Jurisprudence by James Penner,Nigel D. White,H. McCoubrey,Emmanuel Melissaris Pdf

This textbook provides an introduction to and analysis of the major theories and controversies of jurisprudence. Starting with an overview of the nature of jurisprudence, then moving on to examine the theories and main protagonists in more detail, it is an ideal text for undergraduate students studying the subject for the first time.

E-Governance and Civic Engagement: Factors and Determinants of E-Democracy

Author : Manoharan, Aroon
Publisher : IGI Global
Page : 673 pages
File Size : 50,6 Mb
Release : 2011-10-31
Category : Political Science
ISBN : 9781613500842

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E-Governance and Civic Engagement: Factors and Determinants of E-Democracy by Manoharan, Aroon Pdf

"Thia book examines how e-government facilitates online public reporting, two-way communication and debate, online citizen participation in decision-making, and citizen satisfaction with e-governance"--Provided by publisher.