Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Judicial Application Of International Law In Southeast Europe
Download Judicial Application Of International Law In Southeast Europe full books in PDF, epub, and Kindle. Read online Judicial Application Of International Law In Southeast Europe ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Judicial Application of International Law in Southeast Europe by : Siniša Rodin
Download or read book Judicial Application of International Law in Southeast Europe written by Siniša Rodin and published by Springer. This book was released on 2015-04-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents comparative research on how the courts in Southeast Europe apply international law. After the introductory Part I, Part II discusses specific areas of international law, notably the law of Association Agreements between the EU and third countries, the law of the World Trade Organization, and international environmental law (the Aarhus Convention). Part III consists of country reports on how national courts in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia are currently applying international law.
Book Synopsis Constitutional Justice in Southeast Europe by : Enver Hasani
Download or read book Constitutional Justice in Southeast Europe written by Enver Hasani and published by Nomos Verlagsgesellschaft. This book was released on 2012 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts play potentially significant roles in the transformation of legal orders in transition states. This collection offers a comparative analysis of constitutional justice in Southeast Europe and its place in the common European legal space. The comparison brings together longer transition experiences like Hungary's with rare insights into the later wave of constitutional transformation in little-studied jurisdictions like Kosovo, Serbia and Albania. Thematically it focuses on the relationship of constitutional courts to ordinary judiciaries and to the European Court of Human Rights. How are the interactions between these judicial bodies regulated? Do they cooperate or conflict in practice? And what is the resulting impact of the constitution and of the ECHR in legal reality? Through this lens, the authors highlight patterns and processes of constitutionalization and Europeanization and shed light on wider trends in the evolution of constitutional justice and the rule of law. Constitutional courts emerge as interfaces between various layers of domestic and international law and as building blocks in the European multi-level architecture of human rights protection.
Book Synopsis Handbook on Legal Cultures by : Sören Koch
Download or read book Handbook on Legal Cultures written by Sören Koch and published by Springer Nature. This book was released on 2023-05-30 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.
Book Synopsis The Max Planck Handbooks in European Public Law by : Armin von Bogdandy
Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2023-04-13 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Book Synopsis Europeanisation of Private Enforcement of Competition Law by : Gentjan Skara
Download or read book Europeanisation of Private Enforcement of Competition Law written by Gentjan Skara and published by Springer Nature. This book was released on 2022-04-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the European integration process (Europeanisation) is pushing the member states and candidate countries toward a greater convergence with the EU’s competition acquis. Through the transposition of the Directive 2014/104/EU, the member states have harmonised substantive and procedural rules, which is beneficial to individuals and enterprises because it provides a minimum protection across all member states. In addition, it is commonly agreed in academia that the prospect of EU membership brings positive domestic changes in the candidate countries. At the moment, Albania is waiting to open negotiations for the chapters of the EU acquis. Firstly, this book addresses the evolution of private enforcement at the European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement. Secondly, it analyses the Directive 2014/104/EU and how the three selected EU member states have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level defined in the directive. Thirdly, it provides a historical overview of private enforcement in Albania and shows how the Albanian Competition Authority has addressed the transposition of the Directive 2014/104/EU.
Book Synopsis The Cambridge Handbook of Foreign Judges on Domestic Courts by : Anna Dziedzic
Download or read book The Cambridge Handbook of Foreign Judges on Domestic Courts written by Anna Dziedzic and published by Cambridge University Press. This book was released on 2023-10-31 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.
Book Synopsis European Human Rights Grey Zones by : Andrew Forde
Download or read book European Human Rights Grey Zones written by Andrew Forde and published by Cambridge University Press. This book was released on 2024-04-30 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forde examines the effectiveness of the human rights system of the Council of Europe (CoE) in conflict-affected regions and advances a novel approach to understanding how the European Convention on Human Rights can better serve the 10+ million rights-holders living in so-called human rights 'grey zones'. Building on the premise that nowhere in Europe should be deprived of access to Europe's human rights architecture, Forde argues that areas of conflict give rise to a collective public order imperative on Member States to seek maximal effectiveness of the CoE human rights system. Despite Kosovo's sui generis status, much of the CoE's experience of engagement with Kosovo could inspire more proactive efforts in relation to other areas of conflict. This book advocates a judicious engagement of the CoE's unique assets and acquis in affected regions based on the collective responsibility of Member States and the normative will of the Secretary General.
Book Synopsis Parliaments and the European Court of Human Rights by : Alice Donald
Download or read book Parliaments and the European Court of Human Rights written by Alice Donald and published by Oxford University Press. This book was released on 2016-08-19 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.
Book Synopsis European Consensus and the Legitimacy of the European Court of Human Rights by : Kanstantsin Dzehtsiarou
Download or read book European Consensus and the Legitimacy of the European Court of Human Rights written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2015-04-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Book Synopsis The EU Charter of Fundamental Rights in the Member States by : Michal Bobek
Download or read book The EU Charter of Fundamental Rights in the Member States written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.
Book Synopsis The Engagement of Domestic Courts with International Law by : André Nollkaemper
Download or read book The Engagement of Domestic Courts with International Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2024-07-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
Book Synopsis Bibliography of the International Court of Justice by : International Court of Justice
Download or read book Bibliography of the International Court of Justice written by International Court of Justice and published by . This book was released on 2022 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains bibliographical details of works concerning or making reference to the International Court of Justice that were published between 2014 to 2016 and received by the Registry of the Court.
Book Synopsis Executive Clemency by : Daniel Pascoe
Download or read book Executive Clemency written by Daniel Pascoe and published by Routledge. This book was released on 2020-07-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
Book Synopsis The Transformation of EU Treaty Making by : Dermot Hodson
Download or read book The Transformation of EU Treaty Making written by Dermot Hodson and published by Cambridge University Press. This book was released on 2018-08-09 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaty making is a site of struggle between those who claim the authority to speak and act on the international stage. The European Union (EU) is an important test case in this respect because the manner in which the Union and its member states make treaties has shifted significantly over the last six decades. Drawing insights from EU law, comparative constitutionalism and international relations, this book shows how and why parliaments, the people and courts have entered a domain once dominated by governments. It presents qualitative and quantitative evidence on the importance of public trust and political tactics in explaining this transformation of EU treaty making and challenges the idea that EU treaties are too rigid. Analysing legal developments in the EU and each of its member states, this will be essential reading for those who wish to understand the EU's controversial experiment in treaty making and its wider significance.
Book Synopsis Access to Justice Beyond the State Courts by : Aimé-Parfait Niyonkuru
Download or read book Access to Justice Beyond the State Courts written by Aimé-Parfait Niyonkuru and published by LIT Verlag Münster. This book was released on 2021-12-28 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.
Book Synopsis World Development Report 2017 by : World Bank Group
Download or read book World Development Report 2017 written by World Bank Group and published by World Bank Publications. This book was released on 2017-01-23 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Book Synopsis Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union by : Roman Petrov
Download or read book Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union written by Roman Petrov and published by Routledge. This book was released on 2014-02-24 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
