Parliamentary Participation in the Making and Operation of Treaties:A Comparative Study

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Parliamentary Participation in the Making and Operation of Treaties:A Comparative Study by : Stefan A. Riesenfeld

Download or read book Parliamentary Participation in the Making and Operation of Treaties:A Comparative Study written by Stefan A. Riesenfeld and published by Springer. This book was released on 1994-01-27 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the culmination of a project initiated in 1990 which brought together a group of judges, scholars and government officials to address the role of parliaments in the making and implementation of international treaty law.

The Future of UN Human Rights Treaty Monitoring

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Publisher : Cambridge University Press
ISBN 13 : 9780521645744
Total Pages : 604 pages
Book Rating : 4.6/5 (457 download)

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Book Synopsis The Future of UN Human Rights Treaty Monitoring by : Philip Alston

Download or read book The Future of UN Human Rights Treaty Monitoring written by Philip Alston and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: E: Looking at the future.

Treaties in Parliaments and Courts

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035324350
Total Pages : 353 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Treaties in Parliaments and Courts by : Felix Lange

Download or read book Treaties in Parliaments and Courts written by Felix Lange and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

The Politics of Ratification of EU Treaties

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Publisher : Routledge
ISBN 13 : 1136767312
Total Pages : 245 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis The Politics of Ratification of EU Treaties by : Carlos Closa

Download or read book The Politics of Ratification of EU Treaties written by Carlos Closa and published by Routledge. This book was released on 2013-09-02 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself. The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.

Intellectual Property and International Trade: The TRIPS Agreement

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166580
Total Pages : 586 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property and International Trade: The TRIPS Agreement by : Carlos M. Correa

Download or read book Intellectual Property and International Trade: The TRIPS Agreement written by Carlos M. Correa and published by Kluwer Law International B.V.. This book was released on 2016-06-27 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

National Treaty Law and Practice

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Publisher : BRILL
ISBN 13 : 9047407628
Total Pages : 857 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis National Treaty Law and Practice by : Duncan Hollis

Download or read book National Treaty Law and Practice written by Duncan Hollis and published by BRILL. This book was released on 2005-05-01 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 1 January 2018 this journal is no longer distributed by Brill. For information about subscriptions, please contact Higher Education Press.

The Oxford Handbook of Comparative Foreign Relations Law

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Publisher : Oxford University Press
ISBN 13 : 0190653353
Total Pages : 992 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Comparative Foreign Relations Law by : Curtis A. Bradley

Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2019-06-07 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Multilateral Treaty-Making

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Publisher : BRILL
ISBN 13 : 900448096X
Total Pages : 155 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Multilateral Treaty-Making by : Vera Gowlland-Debbas

Download or read book Multilateral Treaty-Making written by Vera Gowlland-Debbas and published by BRILL. This book was released on 2021-10-18 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.

Comparative International Law

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Publisher : Oxford University Press
ISBN 13 : 0190697598
Total Pages : 432 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Comparative International Law by : Anthea Roberts

Download or read book Comparative International Law written by Anthea Roberts and published by Oxford University Press. This book was released on 2017-12-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.

Treaties Under Indonesian Law

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Publisher : Rosda
ISBN 13 : 9796925974
Total Pages : 564 pages
Book Rating : 4.7/5 (969 download)

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Book Synopsis Treaties Under Indonesian Law by : Dr. Iur. Damos Dumoli Agusman

Download or read book Treaties Under Indonesian Law written by Dr. Iur. Damos Dumoli Agusman and published by Rosda. This book was released on 2015-10-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buku ini meneliti masalah perjanjian di bawah hukum internasional dalam hubungannya dengan hukum domestik, buku ini terutama ditujukan untuk siswa, legislator dan praktisi hukum yang tertarik menegakkan hukum internasional di Indonesia. Buku ini semakin menarik karena berisi analisis komparatif dari negara-negara yang dipilih: China, Afrika Selatan, Jerman dan Belanda. Buku Persembahan Penerbit Rosda

EU Foreign Relations Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314392
Total Pages : 328 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EU Foreign Relations Law by : Marise Cremona

Download or read book EU Foreign Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2008-07-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.

The Treaty Making Process

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Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Treaty Making Process by : New Zealand. Law Commission

Download or read book The Treaty Making Process written by New Zealand. Law Commission and published by . This book was released on 1997 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles of European Constitutional Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317847
Total Pages : 1168 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Constitutional Law by : Armin von Bogdandy

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

The Role of Domestic Courts in Treaty Enforcement

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Publisher : Cambridge University Press
ISBN 13 : 113948334X
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Role of Domestic Courts in Treaty Enforcement by : David Sloss

Download or read book The Role of Domestic Courts in Treaty Enforcement written by David Sloss and published by Cambridge University Press. This book was released on 2009-10-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights. The analysis shows that domestic courts in eight of the twelve countries - Australia, Canada, Germany, India, the Netherlands, Poland, South Africa, and the United Kingdom - generally do enforce treaty-based rights on behalf of private parties. On the other hand, the evidence is mixed for the other four countries: China, Israel, Russia, and the United States. In China, Israel, and Russia, the trends are moving in the direction of greater judicial enforcement of treaties on behalf of private parties. The United States is the only country surveyed where the trend is moving in the opposite direction. US courts' reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order.

Common Commercial Policy after Lisbon

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Publisher : Springer Science & Business Media
ISBN 13 : 3642342558
Total Pages : 247 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Common Commercial Policy after Lisbon by : Marc Bungenberg

Download or read book Common Commercial Policy after Lisbon written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2013-03-20 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the beginning of the process of European integration the EU Common Commercial Policy (CCP) has been one of the most dynamic political fields. The EU has achieved a leading role among the economic superpowers and is regarded as a single economic area in which the EU speaks also on behalf of its Member States for most aspects of external economic politics. This volume analyzes the implications of the Treaty of Lisbon for the Common Commercial Policy of the EU. The Lisbon Treaty has declared all matters concerning external commercial policy as exclusive competences of the EU. Which consequences does this have for the Member States of the EU? With regard to institutional modifications, the Lisbon Treaty has significantly strengthened the role of the European Parliament and has substantially changed the role of the ‘High Representative of the Union for Foreign Affairs and Security Policy’ (HR). Further topics of this volume are the new normative framework of the CCP, inter alia the linkage of the CCP to the general objectives for the EU’s external actions and its dependence on secondary legislation, as well as investment policy now being part of the CCP.

Fast Track: A Legal, Historical, and Political Analysis

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Publisher : BRILL
ISBN 13 : 9047440005
Total Pages : 416 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Fast Track: A Legal, Historical, and Political Analysis by : Hal Shapiro

Download or read book Fast Track: A Legal, Historical, and Political Analysis written by Hal Shapiro and published by BRILL. This book was released on 2006-07-19 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fast track was conceived as a mundane procedural mechanism to enhance the president's credibility in negotiating complex multilateral trade agreements by streamlining the congressional approval process into an up-or-down vote in return for enhanced congressional oversight. It allows the President to negotiate international trade agreements knowing that Congress will provide a timely vote on the agreement without amendments. Given its seminal importance to the trade debate, however, fast track has acquired greater significance and controversy. This incisive text examines whether fast track is an evolutionary advancement in U.S. international economic agreements or an end-run around the constitutional treaty provision; whether it is a reflection of the shared constitutional powers of Congress and the President in the area of foreign affairs or an unconstitutional abdication of Congress’s power to regulate foreign commerce and its ability to set its own procedural rules; whether fast track is needed to put the United States on even footing with other nations that have efficient international agreement approval mechanisms or a unique U.S. ratification short-cut not found elsewhere; whether there is a better way for the United States to approve and implement trade agreements; whether the arguments of the left and right on fast track need a new focus; and whether there is a role for the states to play in U.S. trade policy formation. Fast Track argues that the time has come for the United States to end its perennial debate over the process by which we approve international trade agreements – i.e., whether to resort to fast track or not – and begin a debate on how best to prepare American citizens to compete in a globalized world. There are signs that the United States is not ready and may even be falling behind. Without question, this book can help formalize a requisite national strategy. Published under the Transnational Publishers imprint.

The Oxford Handbook of the Sources of International Law

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Publisher : Oxford University Press
ISBN 13 : 0191062553
Total Pages : 900 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Sources of International Law by : Jean d'Aspremont

Download or read book The Oxford Handbook of the Sources of International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2017-10-19 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.