The Role Of The Highest Courts Of The United States Of America And South Africa And The European Court Of Justice In Foreign Affairs

Author : Riaan Eksteen
Publisher : Springer
Page : 448 pages
File Size : 46,6 Mb
Release : 2019-06-22
Category : Law
ISBN : 9789462652958

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The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs by Riaan Eksteen Pdf

This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.

Author : Juliet Kaarbo,Cameron Theis
Publisher : Oxford University Press
Page : 801 pages
File Size : 53,7 Mb
Release : 2024-02-01
Category : Political Science
ISBN : 9780192581013

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The Oxford Handbook of Foreign Policy Analysis by Juliet Kaarbo,Cameron Theis Pdf

The Oxford Handbook of Foreign Policy Analysis repositions the subfield of Foreign Policy Analysis (FPA) to a central analytic location within the study of International Relations (IR). Over the last twenty years, IR has seen a cross-theoretical turn toward incorporating domestic politics, decision-making, agency, practices, and subjectivity - the staples of the FPA subfield. This turn, however, is underdeveloped theoretically, empirically, and methodologically. To reconnect FPA and IR research, this handbook links FPA to other theoretical traditions in IR, takes FPA to a wider range of state and non-state actors, and connects FPA to significant policy challenges and debates. By advancing FPA along these trajectories, the handbook directly addresses enduring criticisms of FPA, including that it is isolated within IR, it is state-centric, its policy relevance is not always clear, and its theoretical foundations and methodological techniques are stale. The Oxford Handbook of Foreign Policy Analysis provides an inclusive and forward-looking assessment of this subfield. Edited and written by a team of word-class scholars and with a preface by Margaret Hermann and Stephen Walker, the handbook sets the agenda for future research in FPA and in IR. The Oxford Handbooks of International Relations is a twelve-volume set of reference books offering authoritative and innovative engagements with the principal sub-fields of International Relations. The series as a whole is under the General Editorship of Christian Reus-Smit of the University of Queensland and Duncan Snidal of the University of Oxford, with each volume edited by specialists in the field. The series both surveys the broad terrain of International Relations scholarship and reshapes it, pushing each sub-field in challenging new directions. Following the example of Reus-Smit and Snidal's original Oxford Handbook of International Relations, each volume is organized around a strong central thematic by scholars drawn from different perspectives, reading its sub-field in an entirely new way, and pushing scholarship in challenging new directions.

Author : Nuno Garoupa,Rebecca D. Gill,Lydia B. Tiede
Publisher : University of Virginia Press
Page : 318 pages
File Size : 55,7 Mb
Release : 2021-08-27
Category : Political Science
ISBN : 9780813946160

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High Courts in Global Perspective by Nuno Garoupa,Rebecca D. Gill,Lydia B. Tiede Pdf

High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy

Author : Helmut Philipp Aust,Thomas Kleinlein
Publisher : Cambridge University Press
Page : 417 pages
File Size : 51,5 Mb
Release : 2021-06-03
Category : Law
ISBN : 9781108837743

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Encounters between Foreign Relations Law and International Law by Helmut Philipp Aust,Thomas Kleinlein Pdf

A fresh look at the bridges and boundaries between foreign relations law and public international law.

Author : Max Hilaire
Publisher : Logos Verlag Berlin GmbH
Page : 188 pages
File Size : 48,7 Mb
Release : 2024-03-18
Category : Electronic
ISBN : 9783832557881

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International Law and Contemporary Global Challenges by Max Hilaire Pdf

This book simultaneously sheds light on the most pressing global challenges facing humanity in the 21st century and pays tribute to President Vaclav Havel of the Czech Republic, who had a great impact on the transformation of world politics in the 20th century. It examines in detail contemporary international issues such as climate change, mass migration, refugees, internal armed conflicts, great power rivalry, and regional political instability. It also underscores the increasing inability of the Westphalian model to solve complex transnational problems and calls for a new approach. Included as a postscript is an extensive analysis of the resurgence of dictatorial regimes in many regions of the world and their attempt to undo the rules-based international order established after World War II. This trend is a setback for those who fought tirelessly to end the Cold War and to spread freedom and democracy to millions of people across the globe. Today that legacy is being challenged by autocratic regimes that see respect for human rights as a threat to their political survival. International law is what unites us as citizens of the world; and only through international law and multilateral cooperation, can we address the global challenges examined in this book.

Author : Robert A. Licht
Publisher : American Enterprise Institute
Page : 284 pages
File Size : 54,6 Mb
Release : 1994
Category : Business & Economics
ISBN : 0844738344

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South Africa's Crisis of Constitutional Democracy by Robert A. Licht Pdf

This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way.

Author : Conway W. Henderson
Publisher : John Wiley & Sons
Page : 488 pages
File Size : 47,6 Mb
Release : 2009-11-25
Category : Law
ISBN : 144431825X

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Understanding International Law by Conway W. Henderson Pdf

Understanding International Law presents a comprehensive,accessible introduction to the various aspects of international lawwhile addressing its interrelationship with world politics. Presents well-organized, balanced coverage of all aspects ofinternational law Features an accompanying website with direct access to courtcases and study and discussion questions. Visit the site at:ahref="http://www.wiley.com/go/internationallaw"www.wiley.com/go/internationallaw/a Includes discussion of the efficacy of international law, atopic unique among international law texts Offers discussion of other topics that most texts do notaddress, such as complete chapters on making the world safer, humanrights, the environment, and the world economy

Author : Mark C. Miller
Publisher : Routledge
Page : 272 pages
File Size : 51,8 Mb
Release : 2018-09-03
Category : Political Science
ISBN : 9780429973239

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Judicial Politics in the United States by Mark C. Miller Pdf

Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.

Author : Michelle Bertho,Beverly Crawford,Edward A. Fogarty
Publisher : Bloomsbury Publishing USA
Page : 975 pages
File Size : 55,6 Mb
Release : 2008-09-30
Category : Business & Economics
ISBN : 9780313083198

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The Impact of Globalization on the United States by Michelle Bertho,Beverly Crawford,Edward A. Fogarty Pdf

Over the past decade, a virtual cottage industry has arisen to produce books and articles describing the nature, origins, and impact of globalization. Largely and surprisingly absent from this literature, however, has been extensive discussion of how globalization is affecting the United States itself. Indeed, it is rarely even acknowledged that while the United States may be providing a crucial impetus to globalization, the process of globalization — once set in motion — has become a force unto itself. Thus globalization has its own logic and demands that are having a profound impact within the United States, often in ways that are unanticipated. This set offers the first in-depth, systematic effort at assessing the United States not as a globalizing force but as a nation being transformed by globalization. Among the topics studied are globalization in the form of intensified international linkages; globalization as a universalizing and/or Westernizing force; globalization in the form of liberalized flows of trade, capital, and labor; and globalization as a force for the creation of transnational and superterritorial entities and allegiances. These volumes examine how each of these facets of globalization affects American government, law, business, economy, society, and culture.

Author : Jacqueline Krikorian
Publisher : UBC Press
Page : 322 pages
File Size : 48,8 Mb
Release : 2012
Category : Law
ISBN : 9780774823067

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International Trade Law and Domestic Policy by Jacqueline Krikorian Pdf

Critics of the World Trade Organization argue that its binding dispute settlement process imposes a neoliberal agenda on its member states with little to no input from their citizenry or governments. If this is the case, why would any nation agree to participate? In International Trade Law and Domestic Policy, Jacqueline Krikorian explores this question by examining the impact of the WTO's dispute settlement mechanism on domestic policies in the United States and Canada. She demonstrates that the WTO's ability to influence domestic arrangements has been constrained by three factors: judicial deference, institutional arrangements, and strategic decision making by political elites in Ottawa and Washington. In this groundbreaking assessment of whether supranational courts are now setting the legislative agenda of sovereign nations, Krikorian brings the insights of law and politics scholarship to bear on a subject matter traditionally addressed by international relations scholars. By doing so, she shows that the classic division between these two fields of study in the discipline of political science, though suitable in the postwar era, is outdated in the context of a globalized world.

Author : United States. Congress. House. Committee on Appropriations. Subcommittee on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Publisher : Unknown
Page : 582 pages
File Size : 55,6 Mb
Release : 1992
Category : United States
ISBN : STANFORD:36105119538143

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Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations for 1993 by United States. Congress. House. Committee on Appropriations. Subcommittee on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Pdf

Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 992 pages
File Size : 52,7 Mb
Release : 2019-06-07
Category : Law
ISBN : 9780190653347

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The Oxford Handbook of Comparative Foreign Relations Law by Curtis A. Bradley Pdf

This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Author : Anonim
Publisher : Unknown
Page : 4 pages
File Size : 54,8 Mb
Release : 1996
Category : Courts
ISBN : PURD:32754081672671

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State-federal Judicial Observer by Anonim Pdf

Author : Olivier De Schutter
Publisher : Cambridge University Press
Page : 1149 pages
File Size : 51,8 Mb
Release : 2019-09-12
Category : Law
ISBN : 9781108463560

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International Human Rights Law by Olivier De Schutter Pdf

Fully updated to cover topics such as climate change, trade and business activities, while retaining the original style and structure.

Author : Henry R. Nau
Publisher : CQ Press
Page : 981 pages
File Size : 40,6 Mb
Release : 2018-01-03
Category : Political Science
ISBN : 9781506396217

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Perspectives on International Relations by Henry R. Nau Pdf

Perspectives on International Relations: Power, Institutions, and Ideas shows students new to the field how theories (perspectives) of international affairs—realism, liberalism, constructivism (identity), and critical theory—play a decisive role in explaining every-day debates about world affairs. Why, for example, do politicians and political scientists disagree about the causes of the ongoing conflict in Syria, even though they all have the same facts? Or, why do policymakers disagree about how to deal with North Korea when they are all equally well informed? The new Sixth Edition of this best-seller includes updates on Brexit, the rise of Donald Trump and other populist leaders, and continuing developments for ISIS, Syria, and Russia.