Research Handbook On International Law And Domestic Legal Systems
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Author | : Helmut P Aust |
Publisher | : |
Total Pages | : 0 |
Release | : 2024-10-28 |
Genre | : Law |
ISBN | : 9781800373150 |
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order. Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world. The Research Handbook on International Law and Domestic Legal Systems is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.
Author | : Aust, Helmut P. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 512 |
Release | : 2021-08-27 |
Genre | : Law |
ISBN | : 1788973283 |
This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.
Author | : Davíd Thór Björgvinsson |
Publisher | : Edward Elgar Publishing |
Total Pages | : 201 |
Release | : 2015-11-27 |
Genre | : Law |
ISBN | : 1785361872 |
What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Author | : O’Connell, Paul |
Publisher | : Edward Elgar Publishing |
Total Pages | : 608 |
Release | : 2021-12-14 |
Genre | : Law |
ISBN | : 178811986X |
This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
Author | : Deplano, Rossana |
Publisher | : Edward Elgar Publishing |
Total Pages | : 544 |
Release | : 2021-07-31 |
Genre | : Law |
ISBN | : 1788972368 |
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Author | : William A. Schabas |
Publisher | : Edward Elgar Publishing |
Total Pages | : 573 |
Release | : 2017-02-24 |
Genre | : Law |
ISBN | : 1781005028 |
This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
Author | : Martha F. Davis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 624 |
Release | : 2021-03-26 |
Genre | : Political Science |
ISBN | : 1788977513 |
This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.
Author | : Ben Saul |
Publisher | : Edward Elgar Publishing |
Total Pages | : 752 |
Release | : 2020-04-24 |
Genre | : Law |
ISBN | : 1788972228 |
This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
Author | : Christina Binder |
Publisher | : Edward Elgar Publishing |
Total Pages | : 592 |
Release | : 2020-08-28 |
Genre | : Law |
ISBN | : 1788972139 |
This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.
Author | : Yannick Radi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 579 |
Release | : 2018-12-28 |
Genre | : Law |
ISBN | : 1782549129 |
The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.