The Shifting Allocation Of Authority In International Law
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Author | : Tomer Broude |
Publisher | : Bloomsbury Publishing |
Total Pages | : 446 |
Release | : 2008-06-13 |
Genre | : Law |
ISBN | : 1847314368 |
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.
Author | : Tomer Broude |
Publisher | : |
Total Pages | : 437 |
Release | : 2008 |
Genre | : International and municipal law |
ISBN | : 9781472564382 |
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, ""who should decide what"" in a system that formally lacks a central authority? This is not only a juridical questi.
Author | : Universiṭah ha-ʻIvrit bi-Yerushalayim. International Law Forum |
Publisher | : |
Total Pages | : |
Release | : 2006 |
Genre | : |
ISBN | : |
Author | : Sovereignty, supremacy, subsidiarity - the shifting allocation of authority in international law Conference |
Publisher | : |
Total Pages | : |
Release | : 2006 |
Genre | : |
ISBN | : |
Collection of articles presented at a conference which took place at the Faculty of Law at the Hebrew University of Jerusalem, June 18-20, 2006.
Author | : Jost Delbrück |
Publisher | : Duncker & Humblot |
Total Pages | : 204 |
Release | : 2021 |
Genre | : Law |
ISBN | : 9783428483358 |
The 1994 symposium of the Kiel Institute of International Law, the papers and proceedings of which are hereby made available to the public, takes up not only the general theme of the 1989 conference, i.e. »Strengthening the World Order: Universalism v. Regionalism. Risks and Opportunities of Regionalization«, but also continues the discussions pursued during the 1992 symposium entitled "The Future of International Law Enforcement. New Scenarios - New Law?" The 1994 symposium also continues the now established tradition of bringing together international legal scholars from the United States, on the one hand, and Germany and other European countries, on the other hand. The Institute is strongly convinced that the transatlantic dialogue on the burning issue of strengthening the international legal order as part of an emerging »New World Order« is essential. It was all the more regrettable that for purely accidental reasons the participation, on the European side, by colleagues invited from Poland and other Central and East European countries could not materialize. The focal point of the 1994 symposium was the question as to whether and to what extent the United Nations as a law enforcement agency can be supplemented by regional arrangements/organizations and the state as a law enforcement agent in the international public interest.
Author | : Brad R. Roth |
Publisher | : |
Total Pages | : 476 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780199243013 |
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Author | : Rowena Maguire |
Publisher | : Routledge |
Total Pages | : 268 |
Release | : 2013-06-26 |
Genre | : Political Science |
ISBN | : 1135017506 |
This book explores the impacts of global economic, political and cultural shifts on various international legal frameworks and legal norms. The economic growth of states throughout Asia, South and Central America and Africa is having a profound effect on the dynamics of international relations, with a resulting impact on the operation and development of international law. This book examines the influence of emerging economies on international legal rules, institutions and processes. It describes recent and predicted changes in economic, political and cultural powers, flowing from the growth of emerging economies such as China, India, Brazil, South Africa and Russia, and analyses the influence of these changes on various legal frameworks and norms. Expert contributors drawn from a variety of fields, including international law, politics, environmental law, human rights, economics and finance, provide a broad analysis of the nature of the shifting global dynamic in its historical and contemporary contexts, and a range of perspectives on the impact of these changes as they relate to specific regimes and issues, including climate change regulation, collective security, indigenous rights, the rights of women and girls, environmental protection and foreign aid and development. The book provides a fresh and comprehensive analysis of an issue with extensive implications for international law and politics. Shifting Global Powers and International Law will be of interest to students and scholars of international relations; international law; international political economy, human rights; and development.
Author | : Michelle Evans |
Publisher | : Springer |
Total Pages | : 229 |
Release | : 2014-05-16 |
Genre | : Law |
ISBN | : 9401788103 |
Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
Author | : Christine Chinkin |
Publisher | : Cambridge University Press |
Total Pages | : 611 |
Release | : 2017-04-27 |
Genre | : History |
ISBN | : 1107171210 |
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author | : Artem Sergeev (Researcher on law) |
Publisher | : |
Total Pages | : 194 |
Release | : 2021 |
Genre | : International law |
ISBN | : |