The Fragility of Law

The Fragility of Law
Author: David Fraser
Publisher: Routledge
Total Pages: 301
Release: 2009-06-16
Genre: History
ISBN: 113402181X

The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.

The Fragility of the 'Failed State' Paradigm

The Fragility of the 'Failed State' Paradigm
Author: Neyire Akpinarli
Publisher: BRILL
Total Pages: 284
Release: 2010
Genre: Law
ISBN: 9004178120

The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.

Fragile Democracies

Fragile Democracies
Author: Samuel Issacharoff
Publisher: Cambridge University Press
Total Pages: 311
Release: 2015-06-17
Genre: Law
ISBN: 1107038707

This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

The Heart of Human Rights

The Heart of Human Rights
Author: Allen Buchanan
Publisher: Oxford University Press
Total Pages: 331
Release: 2013-10-23
Genre: Philosophy
ISBN: 0199325405

This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

Representing Justice

Representing Justice
Author: Judith Resnik
Publisher: Yale University Press
Total Pages: 719
Release: 2011-01-01
Genre: Law
ISBN: 0300110960

A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.

International Development Organizations and Fragile States

International Development Organizations and Fragile States
Author: Marie von Engelhardt
Publisher: Palgrave Macmillan
Total Pages: 0
Release: 2018-01-10
Genre: Social Science
ISBN: 9783319626949

This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.

Making Our Democracy Work

Making Our Democracy Work
Author: Stephen Breyer
Publisher: Vintage
Total Pages: 290
Release: 2011-09-13
Genre: Political Science
ISBN: 0307390837

Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.

Law's Fragile State

Law's Fragile State
Author: Mark Fathi Massoud
Publisher: Cambridge University Press
Total Pages: 305
Release: 2013-05-27
Genre: Law
ISBN: 1107026075

This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.

Tipping Points in International Law

Tipping Points in International Law
Author: Jean d'Aspremont
Publisher: Cambridge University Press
Total Pages: 403
Release: 2021-10-28
Genre: Law
ISBN: 110884510X

Explores the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow.