HMSO Annual Catalogue

HMSO Annual Catalogue
Author: Great Britain. Her Majesty's Stationery Office
Publisher:
Total Pages: 554
Release: 1993
Genre: Government publications
ISBN:

The Constitutional Relevance of the ECHR in Domestic and European Law

The Constitutional Relevance of the ECHR in Domestic and European Law
Author: Giorgio Repetto
Publisher: Intersentia Uitgevers N V
Total Pages: 251
Release: 2013
Genre: Law
ISBN: 9781780681184

In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

The EU Accession to the ECHR

The EU Accession to the ECHR
Author: Fisnik Korenica
Publisher: Springer
Total Pages: 481
Release: 2015-08-25
Genre: Law
ISBN: 3319217593

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR – as it stands right now with the draft accession agreement – the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Refugee Law in India

Refugee Law in India
Author: Shuvro Prosun Sarker
Publisher: Springer
Total Pages: 234
Release: 2017-08-08
Genre: Political Science
ISBN: 981104807X

This book considers refugee protection mandates and addresses how legal scholarship can articulate a comprehensive and humane response to the contemporary refugee problem. Analyzing philosophical discourses and India’s policies and practices on refugee protection, including judgments of Indian Courts in refugee related cases, it examines how organizational efforts can make these policies and practices equal for every refugee in India. It also surveys prevailing discriminative protection standards and entitlements developed through Conventions, Declaration and Directives, and compares and contrasts national refugee legislations in South Africa, Brazil and Canada. A key read for scholars and practitioners interested in the legal and policy implications of refugee protection, this text identifies various practices of nation-States from across the North/South divide and provides key insights into the evolving nature of protection agendas.

Conflict and Cooperation on Trans-Boundary Water Resources

Conflict and Cooperation on Trans-Boundary Water Resources
Author: Richard E. Just
Publisher: Springer Science & Business Media
Total Pages: 472
Release: 1998-01-31
Genre: Business & Economics
ISBN: 9780792381068

This book demonstrates what the discipline of economics has to offer as support for analyzing cooperation on management of trans-boundary water resources. It also considers what the discipline of economics has to acquire to become a more effective contributor to trans-boundary water resource management given political, legal, social, physical, scientific, and ecological realities. This book has its genesis in a symposium of the International Water and Resource Economics Consortium held at Annapolis, Maryland, April 13-16, 1997. The symposium was organized by the editors and the book contains papers presented at the symposium with subsequent revisions. The symposium brought together both economists and agency management personnel for the purpose of discussing not only how economic tools apply to trans-boundary water management, but also of identifying the obstacles to making such tools useful and informative to politicians and negotiators in public decision making roles. INTERNATIONAL VERSUS DOMESTIC TRANS-BOUNDARY PROBLEMS Trans-boundary water problems arise in many dimensions. The two most important types of problems emphasized in this book are international and domestic interstate or interregional problems. Cooperation on international problems is especially difficult because enforcement must be voluntary given the sovereignty of nations and the absence of an effective legal enforcement mechanism. Agreements must be sustainable and self-enforced if they are to have lasting benefits. Every negotiating country must be convinced it will receive benefits before it gives its consent to cooperation. In the absence of enforceable agreements, trans-boundary (i. e.

Policymaking in Latin America

Policymaking in Latin America
Author: Pablo T. Spiller
Publisher: Inter-American Development Bank
Total Pages: 516
Release: 2008-01-01
Genre: Business & Economics
ISBN: 159782061X

What determines the capacity of countries to design, approve and implement effective public policies? To address this question, this book builds on the results of case studies of political institutions, policymaking processes, and policy outcomes in eight Latin American countries. The result is a volume that benefits from both micro detail on the intricacies of policymaking in individual countries and a broad cross-country interdisciplinary analysis of policymaking processes in the region.

U.S. International Investment Agreements

U.S. International Investment Agreements
Author: Kenneth J. Vandevelde
Publisher: Oxford University Press
Total Pages: 909
Release: 2009
Genre: Business & Economics
ISBN: 0195371372

U.S. International Investment Agreements is the definitive interpretative guide to the United States' bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. Providing an authoritative look at the development of the BIT program, treatment provisions, expropriation, and other provisions, Kenneth J. Vandevelde draws on his years of investment treaty and agreement expertise as both a former practitioner and a scholar. This unique and well-organized book analyzes the development of U.S. international investment agreement language and strategy within their historical context. It also explains the newest changes to the model negotiating text (US Model BIT 2004) and additional treaties.

The Law of Outer Space

The Law of Outer Space
Author: Tanja L. Masson-Zwaan
Publisher: BRILL
Total Pages: 186
Release: 2010-09-10
Genre: Law
ISBN: 9004215786

It is a remarkable achievement to write a book that almost four decades after its publication has lost virtually none of its relevance. Manfred Lachs’ famous treatise on the Law of Outer Space was originally published in 1972, yet it is still a classic and must-read text for space law students today, even though copies can nowadays be rarely found. The reissue of this remarkable work is therefore timely indeed. Its aim is to make the brilliance, foresight and clarity of Lachs’ thinking once more easily accessible to a new generation of scholars. Issued on the occasion of the 50th anniversary of the International Institute of Space Law, of which Lachs was President, this volume reproduces the original text of Lachs' work in full, with a new preface, introduction and index supplied by the editors.