Regional Integration And Courts Of Justice

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Regional Integration and Courts of Justice

Author : Katrin Nyman-Metcalf (jurist.)
Publisher : Intersentia nv
ISBN 13 : 9050954626
Total Pages : 136 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Regional Integration and Courts of Justice by : Katrin Nyman-Metcalf (jurist.)

Download or read book Regional Integration and Courts of Justice written by Katrin Nyman-Metcalf (jurist.) and published by Intersentia nv. This book was released on 2005 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The success of European integration and the political stability and economic prosperity it offers to its members has found followers elsewhere. Several countries in different parts of world have been inclined to embark on projects of regional integration. Though the majority of them are limited to economic integration objectives, some, in particular, regional groups in Latin America, profess to attain ambitious political goals and are constructed emulating the EU institutional structure. In some cases, this structure includes a regional court of justice, entrusted with telling community law and solving differences between Member States. The aim of this book is to study the importance of such courts of justice as institutional actors for the development of regional integration. In such a project, the study of the EU and the European Court of Justice immediately presents itself as most relevant and important. However, the book expands the study beyond an examination of the EU to encompass a comparative approach with other regional courts of justice, in particular the Central American Court of Justice and, subsidiarily, the Andean Court of Justice. Such a comparison allows both to assess the important differences between the courts as well as between the integration processes and to draw certain common features at present and for the future institutional evolution of other regional integration blocs. Katrin Nyman-Metcalf has a PhD in Law from Uppsala University in Sweden, specialised in Public International and EU law. She is Associate Professor at Riga Graduate School of Law, Latvia, and Concordia University, Estonia, as well as visiting professor at several other European universities. Apart from the academic work, she works as a legal consultant mainly in East and Central Europe with legislation, institution buildýng and EU accession preparation. Ioannis Papageorgiou has studied Law in Athens, Comparative Politics in Paris and holds a PhD in Development Cooperation, with specialization in Latin America, from the Université Libre de Bruxelles (ULB). He is an attorney-at-law in Athens, a consultant on migration and refugee matters and, since 2002, he teaches international migration in the School of Sociology of the University of the Aegean. He also taught EU Politics and Constitution in the Aristotle University of Thessaloniki.

The Caribbean Court of Justice

Author : Jan Yves Remy
Publisher : Routledge
ISBN 13 : 9781138688346
Total Pages : 296 pages
Book Rating : 4.6/5 (883 download)

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Book Synopsis The Caribbean Court of Justice by : Jan Yves Remy

Download or read book The Caribbean Court of Justice written by Jan Yves Remy and published by Routledge. This book was released on 2016-07-06 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Caribbean Court of Justice came into operation in 2005 and is based in Trinidad. It has two distinct roles - it acts as an international court in relation to the treaty governing the integration of Caribbean states, and it also acts as an appeal court (replacing the UK Privy Council) for civil and criminal cases from certain Caribbean states. This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts - the European Court of Justice, the Andean Community Tribunal, the Southern African Development Community Tribunal and the East African Court of Justice.

The Function of Judicial Decision in European Economic Integration

Author : Clarence J. Mann
Publisher : Springer
ISBN 13 : 9401194831
Total Pages : 581 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis The Function of Judicial Decision in European Economic Integration by : Clarence J. Mann

Download or read book The Function of Judicial Decision in European Economic Integration written by Clarence J. Mann and published by Springer. This book was released on 2013-12-01 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.

Networks, Courts and Regional Integration

Author :
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (915 download)

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Book Synopsis Networks, Courts and Regional Integration by :

Download or read book Networks, Courts and Regional Integration written by and published by . This book was released on 2010 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Caribbean Integration Law

Author : David S. Berry
Publisher :
ISBN 13 : 0199670072
Total Pages : 512 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Caribbean Integration Law by : David S. Berry

Download or read book Caribbean Integration Law written by David S. Berry and published by . This book was released on 2014 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two key regional organisations in the Caribbean, the Caribbean Community and the Organisation of Eastern Caribbean States, had their roles fundamentally expanded in 2001 by treaties that developed a single market and a regional court. This book sets out the new roles of these organisations and their impact on regional integration in the Caribbean.

The Judicial Politics of Economic Integration

Author : Osvaldo Saldias
Publisher : Routledge
ISBN 13 : 1134114737
Total Pages : 196 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis The Judicial Politics of Economic Integration by : Osvaldo Saldias

Download or read book The Judicial Politics of Economic Integration written by Osvaldo Saldias and published by Routledge. This book was released on 2013-08-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact), focusing on the establishment of the Andean Court of Justice and its case law, as well as the intellectual underpinnings that made such an impressive reform possible. The court is a transplant taken from the European integration process, and it materializes the visions, expectations, and dreams of the transnational development movement of "integration through law". The book discusses the outcomes of the Court in light of the debates about judicial reform in the process of development and regional integration. Although clearly confirming several earlier claims that "one size does not fit all", Osvaldo Saldias provides new insights into how legal transplants adapt and evolve, and how we can learn much more about legal reform from a project that presumably failed than from successful copies. The Andean Court of Justice is a remarkable example of an institution capable of adapting to political and economic challenges; therefore, in times of a severe European economic crisis we should not forget that we might improve our understanding of European integration by looking at developments in other regions. An interesting new study with an international focus, this book will be a fascinating read for students and scholars of Law and Latin American Studies.

African Regional Community Courts and Their Contribution to Continental Integration

Author : Jörg Kleis
Publisher :
ISBN 13 : 9783848731329
Total Pages : 0 pages
Book Rating : 4.7/5 (313 download)

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Book Synopsis African Regional Community Courts and Their Contribution to Continental Integration by : Jörg Kleis

Download or read book African Regional Community Courts and Their Contribution to Continental Integration written by Jörg Kleis and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: African Regional Communities have been portrayed by international legal scholars on a regular basis. Yet, this is only partially the case with regard to their respective judicial organs. For the first time a contribution exclusively focuses on the West African ECOWAS, the Southern African SADC and the East African EAC courts and their jurisprudence. After outlining the potential of community courts to contribute to integration follows a microscopic analysis of pertinent extracts from their judgments regarding the courts' methodology, their jurisdiction and procedural law, the hierarchy between community and national legislation, the question of regional human rights protection and the essential obstacle to integration, which is non-compliance. The research is completed by evaluating whether the three courts had a share in the integration process and to what extent they are able to further promote integration in the future.

Regional Integration, Human Rights and Democratic Participation in Africa

Author : Karin Deichmann
Publisher : Universitätsverlag Göttingen
ISBN 13 : 3863954688
Total Pages : 304 pages
Book Rating : 4.8/5 (639 download)

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Book Synopsis Regional Integration, Human Rights and Democratic Participation in Africa by : Karin Deichmann

Download or read book Regional Integration, Human Rights and Democratic Participation in Africa written by Karin Deichmann and published by Universitätsverlag Göttingen. This book was released on 2020 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of human rights and popular participation on the first sight seem to contradict the often-existing image of the African continent. However, with the foundation of the African Union in 2000, both aspects gain greater importance on regional level. Besides that, many subregional courts within the sphere of sub-Sahara Africa partially started to develop human rights-related jurisdiction. In addition to that, most regional economic communities nowadays provide for their own parliamentary structures. The study aims to examine the several institutional structures and their competences on both, regional and subregional level. Besides that, it provides for a profound analysis of the jurisdiction of the respective courts as well as the communications of the African Commission of Human and Peoples’ Rights. Lastly, the study focuses on the correlation between the extension of the institutions’ competences and the political will of the involved governments.

Judging International Human Rights

Author : Stefan Kadelbach
Publisher : Springer
ISBN 13 : 3319948482
Total Pages : 663 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Judging International Human Rights by : Stefan Kadelbach

Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

Regionalism in International Law

Author : Ján Klučka
Publisher : Routledge
ISBN 13 : 1351661493
Total Pages : 157 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Regionalism in International Law by : Ján Klučka

Download or read book Regionalism in International Law written by Ján Klučka and published by Routledge. This book was released on 2017-12-01 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law: Aspects of Regionalism evaluates regionalism in its various relationships and forms with respect to international law, as well as the importance and duties of international law in respect to the establishment and functioning of various forms of regional groups. A great deal of attention has been paid to regionalism from the global, political, ecocomic, security aspects, but a complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The main purpose of this volume is to eliminate this gap and present the latest state of knowledge on the topic. This text will be of interest both to students at an advanced level, academics, and reflective practitioners. It addresses the topics with regard to international law and regionalism and will be of interest to academics dealing with legal aspects of current regionalism and for the specialized courses in the faculties of law, as well as anyone studying diplomacy and international studies, international relations, regional integration law, EU law, international law, and international relations.

Examining the Role of Regional Community Courts in Integration

Author : Jebby Romanus Gonza
Publisher :
ISBN 13 : 9783339133199
Total Pages : 0 pages
Book Rating : 4.1/5 (331 download)

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Book Synopsis Examining the Role of Regional Community Courts in Integration by : Jebby Romanus Gonza

Download or read book Examining the Role of Regional Community Courts in Integration written by Jebby Romanus Gonza and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Aspects of Economic Integration in Africa

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
ISBN 13 : 1139497588
Total Pages : 403 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legal Aspects of Economic Integration in Africa by : Richard Frimpong Oppong

Download or read book Legal Aspects of Economic Integration in Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2011-07-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.

Regional Developmentalism through Law

Author : Jonathan Bashi Rudahindwa
Publisher : Routledge
ISBN 13 : 1351670336
Total Pages : 244 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Regional Developmentalism through Law by : Jonathan Bashi Rudahindwa

Download or read book Regional Developmentalism through Law written by Jonathan Bashi Rudahindwa and published by Routledge. This book was released on 2018-05-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

Integration and International Dispute Resolution in Small States

Author : Petra Butler
Publisher : Springer
ISBN 13 : 3319745735
Total Pages : 337 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Integration and International Dispute Resolution in Small States by : Petra Butler

Download or read book Integration and International Dispute Resolution in Small States written by Petra Butler and published by Springer. This book was released on 2018-06-11 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

The Development of the Rule of Law in ASEAN

Author : Imelda Deinla
Publisher : Cambridge University Press
ISBN 13 : 110815266X
Total Pages : 263 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Development of the Rule of Law in ASEAN by : Imelda Deinla

Download or read book The Development of the Rule of Law in ASEAN written by Imelda Deinla and published by Cambridge University Press. This book was released on 2017-06-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary work that comparatively studies rule of law practices and the relationship between the rule of law and regional integration, a topic largely explored in European integration. By looking at the function of the rule of law in ASEAN rather than what it 'means' measured on normative conception, the book situates the rule of law in broader institutional and political processes in the member states and in regional relations to show the motivations of member states in adopting a peculiar type of regional architecture. It asks whether forging the rule of law in the region can help build it internally for member states. The book revisits discourses on the 'spill-over' of economic integration, the impact of globalization in reshaping the state and generating new tools of the rule of law. It makes a comprehensive comparison - the European Union, Africa Union and MERCOSUR - showing the uneven pathways to rule of law in various contexts.

Analysis of the Role of the ECOWAS Court in Regional Integration in West Africa

Author : Mojeed Olujinmi Abefe Alabi
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Analysis of the Role of the ECOWAS Court in Regional Integration in West Africa by : Mojeed Olujinmi Abefe Alabi

Download or read book Analysis of the Role of the ECOWAS Court in Regional Integration in West Africa written by Mojeed Olujinmi Abefe Alabi and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a case study, the ECOWAS typifies an absence of effective judicial frameworks to strengthen, or, at least, complement, the integration of markets in the schemes of regional integration in Africa. Two decades since its creation, the Community Court of Justice of the ECOWAS has escaped scholarly analysis, creating a gap in the state of knowledge on regional integration in Africa. Accordingly, this thesis directs attention to the need to study the ECOWAS Court as a distinct actor within the contemporary international legal/political system, particularly in its role in the integration of the West African sub-region. This research work takes a critical look at the role that judicial institutions can play in the furtherance of regional integration in Africa. Adapting social science methodology for analysis of a judicial institution, the thesis undertakes the first comprehensive examination of the law, machinery, practice and procedure of the Court. The court-centred analysis allows for an appraisal of how the Court is shaping the dynamics of integration activities in West Africa. It examines the contribution (both actual and potential) of the Court to moulding the legal and constitutional framework within which the ECOWAS operates. It situates the Court within the organisational context of an emerging regional community and examines how the Court impacts and is impacted upon by the institutions of the ECOWAS. It emphasises the centrality of the Court to the maintenance of the delicate equilibrium necessary for the harmonisation of the competing interests of the Member States and Institutions of the ECOWAS.

Sub-Regional Courts in Africa

Author : Laurence R. Helfer
Publisher :
ISBN 13 :
Total Pages : 25 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Sub-Regional Courts in Africa by : Laurence R. Helfer

Download or read book Sub-Regional Courts in Africa written by Laurence R. Helfer and published by . This book was released on 2019 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts' dockets are dominated by complaints alleging violations of international human rights law.This article offers the first analysis of EACJ, ECOWAS Court and SADC Tribunal decisions concerning the free movement of persons. Freedom of movement is a hybrid legal right. It is protected in the African Charter on Human and Peoples' Rights and in other human rights instruments, but it is also a central pillar of all regional integration systems. Free movement case law thus offers a revealing lens through which to examine how African sub-regional courts decide which litigants have access to justice, interpret international legal norms, and fashion the remedies awarded to successful complainants.