Parliamentary Participation In The Making And Operation Of Treatiesa Comparative Study
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Author | : Philip Alston |
Publisher | : Cambridge University Press |
Total Pages | : 604 |
Release | : 2000-05-11 |
Genre | : Law |
ISBN | : 9780521645744 |
Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.
Author | : Felix Lange |
Publisher | : Edward Elgar Publishing |
Total Pages | : 353 |
Release | : 2024-03-14 |
Genre | : Political Science |
ISBN | : 1035324350 |
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
Author | : Council of Europe. Directorate of Legal Affairs |
Publisher | : |
Total Pages | : 128 |
Release | : 1987 |
Genre | : Treaties |
ISBN | : |
Author | : Carlos Closa |
Publisher | : Routledge |
Total Pages | : 245 |
Release | : 2013-09-02 |
Genre | : Political Science |
ISBN | : 1136767312 |
Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself. The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.
Author | : Curtis A. Bradley |
Publisher | : Oxford University Press |
Total Pages | : 891 |
Release | : 2019-06-07 |
Genre | : Law |
ISBN | : 0190653353 |
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 | : David Sloss |
Publisher | : Cambridge University Press |
Total Pages | : 657 |
Release | : 2009-10-12 |
Genre | : Law |
ISBN | : 052187730X |
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2012-02-27 |
Genre | : Law |
ISBN | : 1107020565 |
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author | : Wayne Sandholtz |
Publisher | : Edward Elgar Publishing |
Total Pages | : 609 |
Release | : 2017-02-24 |
Genre | : Law |
ISBN | : 1783473983 |
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Author | : Hironori Yamamoto |
Publisher | : Inter-Parliamentary Union |
Total Pages | : 83 |
Release | : 2007 |
Genre | : Legislative auditing |
ISBN | : 9291423505 |
Author | : Anthea Roberts |
Publisher | : Oxford University Press |
Total Pages | : 641 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0190697571 |
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.