Essays In Caribbean Law And Policy
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Author | : Stephen Vasciannie |
Publisher | : |
Total Pages | : 270 |
Release | : 2020-09-14 |
Genre | : |
ISBN | : 9789768027504 |
Professor Vasciannie has offered six insightful and provocative essays on Caribbean legal and policy issues. The essays cover Jamaican practice on diplomatic immunity, Caribbean approaches within the Inter-American Commission on Human Rights, and issues concerning the Montego Bay Convention on the Law of the Sea. Professor Vasciannie also presents his views on race and racism in Jamaica, considers the case for the abolition of the Monarchy in Jamaica, and reviews, from a Caribbean perspective, the impact of Sir Ian Brownlie, the late Oxford Professor and advocate, on the discipline of International Law. This book is of special value to scholars and students of Law and the Social Sciences in the Caribbean and beyond.
Author | : Nagendra Singh |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 426 |
Release | : 1992-07-30 |
Genre | : Law |
ISBN | : 9780792317159 |
The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.
Author | : Simeon C. R. McIntosh |
Publisher | : Ian Randle Publishers |
Total Pages | : 271 |
Release | : 2008 |
Genre | : Civil procedure |
ISBN | : 9768167475 |
Historically, revolution has been one of the principal means of founding a new state. But can this new state have any moral legitimacy, born as it is out of violence? That is the critical question for legal theorists. The late Hans Kelsen, arguably one of the leading legal theorists and philosophers of the twentieth century, in his Pure Theory of Law, articulated this theory of revolutionary legality as a part of his general theory of law. Kelsen in the Grenada Court: Essays on Revolutionary Legality examines revolutionary legality in the context of the Grenada coup d'etat of March 1979, which brought the People's Revolutionary Government (PRG) to power. The 1973 Constitution was suspended, the executive authority of the country changed, parliament was reconstituted and a new Supreme Court established. The governing principles of political life in Grenada were transformed. The PRG had established a new legality. The courts however, were confronted with questions of their validity and jurisdictional competence. Called upon to judge the validity of the PRG regime, the issue of the validity of the courts was also called into question. Following the demise of the PRG regime in sensational fashion, culminating in the invasion of Grenada by the US army in 1983, the validity of the court was again challenged. This collection of clear, readily understood essays, shows that the Court determined its own validity as a matter of necessity. Using examples from around the Commonwealth, the case of Bernard Coard & Ors. v. The Attorney General, known popularly as the Maurice Bishop murder trial, or the Grenada Thirteen, McIntosh criticizes the Grenada Court and its handling of the subject of revolutionary legality; while addressing Kelsen's theory of continuity and discontinuity of law and the doctrine of necessity.
Author | : Francis Anthony Boyle |
Publisher | : Duke University Press |
Total Pages | : 388 |
Release | : 1985-04-23 |
Genre | : Law |
ISBN | : 9780822306559 |
This work tries to bridge the gap between international lawyers and those political scientists who write about international politics. In the first part, the author discusses the influence of Professor Morgenthau's realist school on the current thinking of political scientists and the abandonment of this school by its originator in the last years of his life. The author concludes that the best way to test the validity of different approaches is to discuss various international crises in the light of contrasting theories and to analyze each situation from both the legal and political points of view. In particular, he tries to ascertain to what extent vital national interests could be accommodated within an international legal framework, or could require a distortion of international rules in order to achieve national objectives. In the second part, the author dissects the Entebbe raid, where Israeli forces rescued a group of hostages being detained by hijackers at a Ugandan airport. His analysis shows the deficiencies of the international system in dealing with such a complex issue, where several contradictory principles of international law could be applied and were defended by various protagonists. The third part starts with a parallel problem--the Iranian hostages crisis, where a group of U.S. officials found themselves in an unprecedented situation of being captured by a band of students. A critical analysis of the handling of this problem by the Carter Administration is followed by vignettes of other crises faced by the Administration and by its successor, the Reagan Administration. This part is less analytical and more prescriptive. The author is no long satisfied with pointing out what went wrong; instead, he departs from the usual hands-off policy of political scientists and tries to indicate how much better each situation could have been handled if the decision makers had been paying more attention to international law and international organizations. The theme is slowly developed that in the long run national interest is better served not by practicing power politics and relying on the use of threat of force but by strengthening those international institutions that can provide a neutral environment for first slowing down a crisis and then finding an equitable solution acceptable to most of the parties in conflict. The value of this book lies primarily in giving the reader a real insight into several important issues of today that are familiar to most people only from newspaper headlines and television news. While not everybody can agree with all his criticisms of the mistakes of various governments, there is an honest attempt by the author to present issues impartially and to let the blame fall where it may. Being both an international lawyer and a political scientist, the author has had the advantage of combining the methodology of these two social sciences into a rich tapestry with some startling shades and tones.
Author | : James J. Heckman |
Publisher | : University of Chicago Press |
Total Pages | : 585 |
Release | : 2007-11-01 |
Genre | : Law |
ISBN | : 0226322858 |
Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation. Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers. Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.
Author | : Bridget Brereton |
Publisher | : University Press of Florida |
Total Pages | : 319 |
Release | : 1999 |
Genre | : History |
ISBN | : 9780813016962 |
This text is an examination of the social evolution of the colonial Caribbean, from the formal end of slavery to the middle of the 20th century. It focuses on social and ethnic groups, classes, gender interrelations, and the development of cultural and intellectual traditions.
Author | : David S. Berry |
Publisher | : |
Total Pages | : 512 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199670072 |
Two key regional organisations in the Caribbean, the Caribbean Community and the Organisation of Eastern Caribbean States, had their roles fundamentally expanded in 2001 by treaties that developed a single market and a regional court. This book sets out the new roles of these organisations and their impact on regional integration in the Caribbean.
Author | : Rose-Marie Belle Antoine |
Publisher | : Routledge |
Total Pages | : 487 |
Release | : 2008-06-03 |
Genre | : Law |
ISBN | : 113533384X |
Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.
Author | : Simeon C. R. McIntosh |
Publisher | : Ian Randle Publishers |
Total Pages | : 356 |
Release | : 2005 |
Genre | : Capital punishment |
ISBN | : 9768167432 |
"The Caribbean Community (CARICOM) has assumed a greater role in guiding and coordinating the affairs of its member states. The introduction of the CARICOM Single Market and Economy (CSME) and the Caribbean Court of Justice (CCJ) bring the quest for democratic governance into sharp relief. Using Caribbean cases, Simeon McIntosh discusses the fundamental rights and freedoms of speech and of the press, freedom of religion and freedom form inhuman and degrading punishment. He examines the protection of these rights and freedoms in the light of changes in society, social progress and other developments in the Commonwealth Caribbean within the context of the CSME and the CCJ. Fundamental Rights and Democratic Governance is the first body of work to give serious philosophical treatment to the question of fundamental rights in the Caribbean. In this second instalment on Caribbean Constitutionalism, McIntosh builds on his earlier work, Caribbean Constitutional Reform: Rethinking the West Indian Polity, in laying the theoretical justification for the Caribbean Court of Justice. "
Author | : Alexander von Humboldt |
Publisher | : |
Total Pages | : 468 |
Release | : 1811 |
Genre | : Industries |
ISBN | : |