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Lawmaking Under Pressure
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Book Synopsis Lawmaking under Pressure by : Giovanni Mantilla
Download or read book Lawmaking under Pressure written by Giovanni Mantilla and published by Cornell University Press. This book was released on 2020-12-15 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Book Synopsis Lawmaking under Pressure by : Giovanni Mantilla
Download or read book Lawmaking under Pressure written by Giovanni Mantilla and published by Cornell University Press. This book was released on 2020-12-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Book Synopsis Due Process of Lawmaking by : Susan Rose-Ackerman
Download or read book Due Process of Lawmaking written by Susan Rose-Ackerman and published by Cambridge University Press. This book was released on 2015-01-22 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Book Synopsis Transnational Lawmaking Coalitions for Human Rights by : Nina Reiners
Download or read book Transnational Lawmaking Coalitions for Human Rights written by Nina Reiners and published by Cambridge University Press. This book was released on 2021-12-02 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.
Book Synopsis The President and Immigration Law by : Adam Cox
Download or read book The President and Immigration Law written by Adam Cox and published by Oxford University Press, USA. This book was released on 2020 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection ofcritics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code.InThe President and Immigration Law, Adam Cox and Cristina Rodriguez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigrationbureaucracy-they tell the story of how the President became our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has playedan important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States.A pathbreaking account of the President's relationship to Congress, Cox and Rodriguez's analysis helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. Italso provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Book Synopsis Handbook of Legislative Research by : Gerhard Loewenberg
Download or read book Handbook of Legislative Research written by Gerhard Loewenberg and published by Harvard University Press. This book was released on 1985 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Legislative Research, a comprehensive summary of the results of research on nineteenth and twentieth-century legislatures, is itself a landmark in the evolution of legislative studies. Gathered here are surveys by leading scholars in the field, each providing inventory of an important subfield, an extensive bibliography, and a systematic assessment of what has been accomplished and what directions future research must take.
Book Synopsis Mobilizing for Human Rights by : Beth A. Simmons
Download or read book Mobilizing for Human Rights written by Beth A. Simmons and published by Cambridge University Press. This book was released on 2009-10-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
Book Synopsis Unorthodox Lawmaking by : Barbara Sinclair
Download or read book Unorthodox Lawmaking written by Barbara Sinclair and published by CQ Press. This book was released on 2016-06-22 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
Book Synopsis How Our Laws are Made by : John V. Sullivan
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Making of International Law by : Alan Boyle
Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Download or read book War Law written by Michael Byers and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
Book Synopsis Congressional Record by : United States. Congress
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1919 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Swiss Public Administration by : Andreas Ladner
Download or read book Swiss Public Administration written by Andreas Ladner and published by Springer. This book was released on 2018-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
Book Synopsis The Cambridge Companion to the Rule of Law by : Jens Meierhenrich
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Book Synopsis Rule of Law Dynamics by : Michael Zurn
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Book Synopsis Rational Lawmaking under Review by : Klaus Meßerschmidt
Download or read book Rational Lawmaking under Review written by Klaus Meßerschmidt and published by Springer. This book was released on 2016-07-26 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.
Book Synopsis International Law: A Very Short Introduction by : Vaughan Lowe
Download or read book International Law: A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
