The ACTA and the Plurilateral Enforcement Agenda

The ACTA and the Plurilateral Enforcement Agenda
Author: Pedro Roffe
Publisher: Cambridge University Press
Total Pages: 473
Release: 2015
Genre: Law
ISBN: 1107070120

This book analyses the context and the content of ACTA and its relation with ongoing initiatives to improve enforcement of intellectual property.

Ensuring Respect for International Humanitarian Law

Ensuring Respect for International Humanitarian Law
Author: Eve Massingham
Publisher: Routledge
Total Pages: 233
Release: 2020-07-20
Genre: Law
ISBN: 0429588755

This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.

No Country is an Island

No Country is an Island
Author: Hilary Charlesworth
Publisher: UNSW Press
Total Pages: 198
Release: 2006
Genre: History
ISBN: 9780868409061

International law does not seem immediately relevant to domestic Australian politics and law, let alone to our everyday lives. Yet, international law has a growing significance for trade, human rights, crime, terrorism and climate change. Australian authors.

The Fluid State

The Fluid State
Author: Hilary Charlesworth
Publisher: Federation Press
Total Pages: 308
Release: 2005
Genre: Law
ISBN: 9781862875685

The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived 'democratic deficit' in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere? The contributors bring a range of different perspectives: politics, law and international relations. They include influential scholars such as Mayo Moran, Ann Capling, John Uhr, Andrew Byrnes and Janet MacLean and they discuss contemporary issues, such as the Australia-US Free Trade Agreement and the 2003 Iraq War.

Federal Constitutions and International Relations

Federal Constitutions and International Relations
Author: John Trone
Publisher: Macmillan
Total Pages: 212
Release: 2001
Genre: Fiction
ISBN: 9780702232411

A comprehensive analysis of one of the most politically controversial issues in Australian law - the implementation of treaties by the federal government. Unique in Australian books on legal issues, this rigorous analysis of constitutional law examines relevant cases and legislation from Australia, Canada, the USA, Germany, Switzerland, Austria, Malaysia, and India. Including a comprehensive list of cases and a full index, this book will be of exceptional interest to practitioners, teachers and students of constitutional and international law.

Government Responses to Reports from the Committee in the Last Parliament

Government Responses to Reports from the Committee in the Last Parliament
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
Total Pages: 44
Release: 2006-01-31
Genre: Political Science
ISBN: 9780104008102

Responses to Committee reports (HLP 183/HCP 1188, session 2003-04, 21st report, The International Covenant on Economic, Social and Cultural Rights, ISBN 0104005440); HLP 8/HCP 106, session 2004-05, 1st report, Protocol no. 14 to the European Convention on Human Rights, ISBN 0104005696); HLP 99/HCP 264, session 2004-05, 17th report, Review of International Human Rights Instruments, ISBN 0104006552).

Parliament

Parliament
Author: Alexander Horne
Publisher: Bloomsbury Publishing
Total Pages: 336
Release: 2016-06-02
Genre: Law
ISBN: 1509906444

This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

Human Rights in the Prevention and Punishment of Terrorism

Human Rights in the Prevention and Punishment of Terrorism
Author: Alex Conte
Publisher: Springer Science & Business Media
Total Pages: 885
Release: 2010-07-03
Genre: Law
ISBN: 3642116086

The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.