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Books > Law > International law > General
This book is concerned with the social legitimacy of internal
market law. What does social legitimacy entail within the
multi-level 'embedded liberalism' construction of the internal
market? How can the objectives of the internal market that focus on
economic rights and a commitment to social diversity both be
pursued without one necessarily trumping the other? These questions
continue to challenge the very core of European integration. How
can the diversity of Member States' 'social systems' and the
varying normative infrastructure of their economies be sustainably
accommodated within the internal market? This book seeks to
contribute to these questions by discussing what has come to be
known as the argument from transnational effects and the
development of an adjudicative model for the European Court of
Justice that can be termed 'socially responsive'. Drawing on the
historical insights of Karl Polanyi it argues that the internal
market can only be held to be socially legitimate where it supports
the requirement for further market integration while still
responding to social practices and values within the member states.
The book presents in-depth studies of the case law of the Court in
the areas of EU free movement, competition and state aid law. In so
doing, this important new study aims to provide the language and
tools for assessing social legitimacy in the internal market.
National Security of India and International Law is a pioneering
inter-disciplinary scholarly exercise in the context of India. It
offers first-of-its kind perspective on interplay between the
needs, concerns and interests of the national security actors,
means and institutions and inherent limitations and prospects of
international law to achieve the national security objectives of
India. The work analyses traditional and contemporary issues and
challenges - water, natural resources, refugee management, use of
force, nuclear doctrine, space developments, defense procurement
and manufacturing and private players, among others. It aims to
generate inter-disciplinary debate, teaching and research in this
emerging field of national security.
In this provocative new book, Shritha Vasudevan argues that
feminist international relations (IR) theory has inadvertently
resulted in a biased worldview, the very opposite of what feminist
IR set out to try to rectify. This book contests theoretical
presumptions of Western feminist IR and attempts to reformulate it
in contexts of non-Western cultures. Vasudevan deftly utilizes the
theoretical constructs of IR to explore the ramifications for
India. This hypothesis argues that the Convention on the
Elimination of all forms of Discrimination Against Women (CEDAW)
has predictive validity and is not a top-down norm but derived from
the material and contingent experiences of nation states. This book
enters the debate between feminist qualitative and quantitative IR
through the lens of gender-based violence (GBV) under the CEDAW.
This book puts forward a new theoretical concept of the juridical
act, this concept is not described from the perspective of a
specific national legal system, but instead represents the
commonalities and ideas that stem from the Western legal tradition.
Since the concept is system-independent, it does not rely on
national or state laws. The book begins by detailing those
characteristics that distinguish juridical acts from the general
group of acts. It offers clear distinctions between the different
aspects of juridical acts, such as the power and the competence
needed in order to perform the act, the fact that juridical acts
are constitutive speech acts, and the rules that connect the act
with its consequences. In the process, the book dispels much of the
haziness currently surrounding juridical acts. Developed with a mix
of theory and practice, this new concept is better equipped to deal
with modern trends and practices. Further, since the author has
freed the idea of the juridical act from the bonds of history and
geography, it is also more suited to facilitating a better
understanding of and explaining changes in the legal landscape,
such as the rise of computer technology. Accordingly, it offers
scholars and practitioners alike a valuable new tool for explaining
and theorizing about the law.
EU policy in the area of corporate governance and capital markets
is being reoriented. Harmonization is less frequently seen as a
concept in company law; regulatory competition is on the rise; and
experiments in soft law are being carried out. Several Member
States have recently reformed their corporate laws, wither as a
reaction to financial scandals or in an effort to enhance
investment. Convergence has increased as a result, particularly
towards Anglo-American standards. Yet differences still exist,
profoundly rooted in national systems of corporate governance. By
contrast, capital markets law would seem to be an exception, having
undergone intense harmonization in the last few years through the
Lamfalussy regulatory architecture. Nonetheless, a European system
of securities regulation is not yet in place. Regulation is
predominantly domestic, while private laws affecting capital
markets are still divergent. This volume examines the ongoing
debate from an interdisciplinary perspective. Part 1 explores the
political determinants of corporate governance and evaluates likely
convergence and the role of regulatory competition. Part 2
considers the Markets in Financial Instruments Directive (MIFID)
and its central role in harmonizing EU securities trading. Part 3
analyzes the MiFID more deeply and explores other measures
including the Prospectus and Transparency Directives. Part 4 offers
future perspectives on the post-FSAP era.
The Yearbook aims to promote research, studies and writings in the
field of international law in Asia, as well as to provide an
intellectual platform for the discussion and dissemination of Asian
views and practices on contemporary international legal issues.
This book examines theoretical and practical issues concerning the
relationship between international law, time and history. Problems
relating to time and history are ever-present in the work of
international lawyers, whether understood in terms of the role of
historic practice in the doctrine of sources, the application of
the principle of inter-temporal law in dispute settlement, or in
gaining a coherent insight into the role that was played by
international law in past events. But very little has been written
about the various different ways in which international lawyers
approach or understand the past, and it is with a view to exploring
the dynamics of that engagement that this book has been compiled.
In its broadest sense, it is possible to identify at least three
different ways in which the relationship between international law
and (its) history may be conceived. The first is that of a history
of international law written in narrative form, and mapped out in
terms of a teleology of origins, development, progress or renewal.
The second is that of history in international law and of the role
history plays in arguments about law itself (for example in the
construction of customary international law). The third way of
understanding that relationship is in terms of international law in
history: of understanding how international law has been engaged in
the creation of a history that in some senses stands outside the
history of international law itself. The essays in this collection
make clear that each type of engagement with history and
international law interweaves various different types of historical
narrative, pointing to the typically multi-layered nature of
international lawyers' engagement with the past and its importance
in shaping the present and future of international law. Originally
published in hardcover
This work brings together a number of papers written by experts,
mostly senior and active international civil servants, but also
retired staff, analyzing the measures taken in international
organizations in order to obtain greater accountability. Codes of
conduct have been introduced, as well as more detailed measures of
control. This has also required review of due process and dispute
resolution provisions. The main objective of these codes of conduct
is to foster appropriate behaviour of staff, but, ideally, these
codes should also be instrumental in avoiding disputes, since staff
knew more clearly what is expected of them. This book is a
reflection of exchanges of views and information between
administrative lawyers and, to some extent,
investigators/prosecutors to ensure that the organizations become
more transparent, corruption free and respective of the highest
standards. Accountability and transparency have now become the
rule, and increasingly also the practice. Much is still to be done,
however. Discussions are ongoing in many organizations. This work's
purpose is also to contribute to these discussions. In addition to
the analytic and frank contributions, this work contains various
documents of international organizations, reflecting the codes of
conduct and charters of values now in place.
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In Political Theology and International Law, John D. Haskell offers
an account of the intellectual debates surrounding the term
'political theology' in academic literature concerning
international law. Beneath these differences is a shared tradition,
or genre, within the literature that reinforces particular styles
of characterising and engaging predicaments in global politics. The
text develops an argument toward another way of thinking about what
political theology might offer international law scholarship-a
politics of truth.
For almost a decade the European Union has been stuck in a
permanent crisis. Starting with domestic constitutional crises,
followed by an imported financial crisis, it has evolved into a
fully formed political crisis. This book argues that none of the
crises are exclusively internal to the EU and the responses to
date, which have taken inward looking approaches, are simply
inadequate. Resolution can only come when the EU engages more fully
with transnational law. This highly topical book offers an
innovative dual focus on both transnational and EU law together. It
sets out the relationship between the two frameworks by exploring
practical concrete problems that transnational law has posed to the
EU. These problems are explored from the perspective of four key
tenets of both systems, namely the rule of law, democracy, the
protection of human rights, and justice. It does this by advancing
the theoretical framework of principled legal pluralism. In so
doing it offers clear normative guidance as to how the relationship
between EU and transnational law should be developed and fostered.
Any talk of the advancement of international law presupposes that
two objections are met. The first is the 'realist' objection which,
observing the state of international relations today, claims that
when it comes down to the important things in international
life-war and peace, and more generally power politics among
states-no real advancement has been made: international society
remains a society of sovereign states deciding matters with regard
solely to their own best interests and with international law all
too often being no more than a thin cloak cast over the precept
that 'might is right'. Against this excessive scepticism stands
excessive optimism: international law is supposedly making giant
strides forward thanks especially to the tremendous mass of soft
law generated by international organisations over the past sixty
years and more. By incautiously mixing all manner of customs,
treaties, resolutions and recommendations, a picture of
international law is painted that has little to do with the 'real
world'. This book is arranged into three sections. The first
purports to show from the specific example of international
investment law that the past half-century has seen the invention of
two genuinely new techniques in positive law: state contracts and
transnational arbitration without privity. This is 'advancement' in
international law not because the techniques are 'good' in
themselves (one may well think them 'bad') but because they have
introduced legal possibilities into international law that did not
exist heretofore. The second section examines the theoretical
consequences of those new legal techniques and especially the way
they affect the theory of the state. The third widens the field of
view and asks whether European law has surpassed international law
in a move towards federalism or whether it represents a step
forward for international law. These reflections make for a clearer
theoretical understanding of what constitutes true advancement in
international law. Such an understanding should give pause both to
those who argue that hardly any progress has been made, and to
those who are overly fanciful about progress.
This book instructively introduces the reader to the basics of
Jewish law. It gives a detailed, cutting-edge analysis of
contemporary public and private law in the State of Israel, as well
as Israel's legal culture, its system of government, and the roles
of its democratic institutions: the executive, parliament, and
judiciary. The book examines issues of Holocaust, law and religion,
constitutionalization, and equality.
Violations of international law and human rights laws are the
plague of the twentieth and twenty-first centuries. People's
inhumanity to people escalates as wars proliferate and respect for
human rights and the laws of war diminish. In Decoding
International Law: Semiotics and the Humanities, Professor Susan
Tiefenbrun analyzes international law as represented artfully in
the humanities.
Mass violence and flagrant violations of human rights have a
dramatic effect that naturally appeals to writers, film makers,
artists, philosophers, historians, and legal scholars who represent
these horrors indirectly through various media and in coded
language. This reader-friendly book enables us to comprehend and
decode international law and human rights laws by interpreting
meanings concealed in great works of art, literature, film and the
humanities. Here, the author adopts an interdisciplinary method of
interpretation based on the science of signs, linguistics,
stylistics, and an in-depth analysis of the work's cultural
context.
This book unravels the complexities of such controversial issues as
terrorism, civil disobedience, women's and children's human rights,
and the piracy of intellectual property. It provides in-depth
analyses of diverse literary works: Joseph Conrad's The Secret
Agent and the movie Hotel Rwanda (both representing terrorism);
Martin Luther King's Letter from Birmingham Jail; two documentary
films about women and family law in Iran, Divorce Iranian Style and
Two Women; Lisa See's Snow Flower and the Secret Fan (women's human
rights and human trafficking in China); Uzodinma Iweala's Beasts
ofNo Nation (shedding light on child soldiering and trafficking in
Africa), and much more.
This book presents the results of extensive international
comparative research into the effects of the economic and financial
crisis on democratic institutions and social cohesion policies. The
collected studies describe and analyse the measures (often referred
to as "reforms") adopted to counter the crisis and the effects of
these measures.It investigates three areas: the impact on the
functioning of institutions, with respect to the relationship
between representative institutions and governments, and the
organisational structure of administrations at national and local
levels; the impact that the austerity policies on public spending
have on social rights; and the impact on traditional instruments of
public action (administrative simplification, public services
delivering, the use of common assets).The general findings
highlight the effect of reducing the administrative and government
capacity of the democratic institutions: the public sector, rather
than being innovative and made more effective, declines, offering
increasingly poor public services and making bad decisions,
fuelling substantive or formal privatisation solutions, which in
turn cause further weakening.
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