Courts and Comparative Law

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Publisher : OUP Oxford
ISBN 13 : 0191059048
Total Pages : 730 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Courts and Comparative Law by : Mads Andenas

Download or read book Courts and Comparative Law written by Mads Andenas and published by OUP Oxford. This book was released on 2015-07-30 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs

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Author :
Publisher : Springer
ISBN 13 : 9462652953
Total Pages : 448 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs by : Riaan Eksteen

Download or read book The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs written by Riaan Eksteen and published by Springer. This book was released on 2019-06-22 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.

Michigan Journal of International Law

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Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis Michigan Journal of International Law by :

Download or read book Michigan Journal of International Law written by and published by . This book was released on 2013 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The EFTA Court

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847310125
Total Pages : 224 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The EFTA Court by : Carl Baudenbacher

Download or read book The EFTA Court written by Carl Baudenbacher and published by Bloomsbury Publishing. This book was released on 2005-08-19 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.

Current Law Index

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Publisher :
ISBN 13 :
Total Pages : 1032 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Current Law Index by :

Download or read book Current Law Index written by and published by . This book was released on 2005 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Inequality in Education

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Publisher : Springer Science & Business Media
ISBN 13 : 9048126525
Total Pages : 609 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Inequality in Education by : Donald B. Holsinger

Download or read book Inequality in Education written by Donald B. Holsinger and published by Springer Science & Business Media. This book was released on 2009-05-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inequality in Education: Comparative and International Perspectives is a compilation of conceptual chapters and national case studies that includes a series of methods for measuring education inequalities. The book provides up-to-date scholarly research on global trends in the distribution of formal schooling in national populations. It also offers a strategic comparative and international education policy statement on recent shifts in education inequality, and new approaches to explore, develop and improve comparative education and policy research globally. Contributing authors examine how education as a process interacts with government finance policy to form patterns of access to education services. In addition to case perspectives from 18 countries across six geographic regions, the volume includes six conceptual chapters on topics that influence education inequality, such as gender, disability, language and economics, and a summary chapter that presents new evidence on the pernicious consequences of inequality in the distribution of education. The book offers (1) a better and more holistic understanding of ways to measure education inequalities; and (2) strategies for facing the challenge of inequality in education in the processes of policy formation, planning and implementation at the local, regional, national and global levels.

Texas International Law Journal

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Publisher :
ISBN 13 :
Total Pages : 926 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Texas International Law Journal by :

Download or read book Texas International Law Journal written by and published by . This book was released on 2003 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Change: Impacts on Water and food Security

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Publisher : Springer Science & Business Media
ISBN 13 : 3642046150
Total Pages : 268 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Global Change: Impacts on Water and food Security by : Claudia Ringler

Download or read book Global Change: Impacts on Water and food Security written by Claudia Ringler and published by Springer Science & Business Media. This book was released on 2010-01-19 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, a greater level of integration of the world economy and an opening of national markets to trade has impacted virtually all areas of society. The process of globalization has the potential to generate long-term benefits for developing countries, including enhanced technology and knowledge transfers and new fina- ing options supporting agricultural and economic development. However, risks of political and economic instability, increased inequality, and losses in agricultural income and production for countries that subsidize their agricultural and other e- nomic sectors threaten to offset potential benefits. Globalization can also have a profound impact on the water sector – in terms of allocation and use of water – and thus on food security as well. Other global change processes, particularly climate change, are also likely to have far-reaching impacts on water and food security, and societies around the world. To discuss these issues in-depth, the International Food Policy Research Institute, the Third World Centre for Water Management, Mexico, and the Tropical Agricultural Research and Higher Education Center (CATIE), Costa Rica, held a three-day International Conference on “Globalization and Trade: Implications for Water and Food Security,” at CATIE’s Turrialba, Costa Rica, headquarters under the auspices of the CGIAR Challenge Program on Water and Food in 2005. The workshop set out to identify the major risks and emerging issues facing developing countries related to global economic and environmental change impacts on water and food security.

The Globalization of International Law

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Publisher : Routledge
ISBN 13 : 1351543970
Total Pages : 699 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Globalization of International Law by : PaulSchiff Berman

Download or read book The Globalization of International Law written by PaulSchiff Berman and published by Routledge. This book was released on 2017-07-05 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

The Global Expansion of Judicial Power

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Publisher : NYU Press
ISBN 13 : 0814770061
Total Pages : 482 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Global Expansion of Judicial Power by : C Neal Tate

Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1997-06-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.

Meeting of Board of Regents

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Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Meeting of Board of Regents by : University of Michigan. Board of Regents

Download or read book Meeting of Board of Regents written by University of Michigan. Board of Regents and published by . This book was released on 2004-05 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Index of Conference Proceedings

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Publisher :
ISBN 13 :
Total Pages : 870 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Index of Conference Proceedings by : British Library. Document Supply Centre

Download or read book Index of Conference Proceedings written by British Library. Document Supply Centre and published by . This book was released on 2003 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Governance in the Wto

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Publisher : Cameron May
ISBN 13 : 1874698848
Total Pages : 352 pages
Book Rating : 4.8/5 (746 download)

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Book Synopsis International Governance in the Wto by : Tomer Broude

Download or read book International Governance in the Wto written by Tomer Broude and published by Cameron May. This book was released on 2004 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Governance and International Legal Theory

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Publisher : BRILL
ISBN 13 : 9047406109
Total Pages : 403 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Governance and International Legal Theory by : Ige F. Dekker

Download or read book Governance and International Legal Theory written by Ige F. Dekker and published by BRILL. This book was released on 2004-12-01 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the above-mentioned topics from a multidisciplinary perspective.

Index to Legal Periodicals & Books

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Publisher :
ISBN 13 :
Total Pages : 2288 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Index to Legal Periodicals & Books by :

Download or read book Index to Legal Periodicals & Books written by and published by . This book was released on 2005 with total page 2288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Judicialization of International Law

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Publisher : Oxford University Press
ISBN 13 : 0192548395
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Judicialization of International Law by : Andreas Follesdal

Download or read book The Judicialization of International Law written by Andreas Follesdal and published by Oxford University Press. This book was released on 2018-03-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified? Follesdal and Ulfstein bring together the crème de la crème of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

Legalization and World Politics

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Publisher : MIT Press
ISBN 13 : 9780262571517
Total Pages : 340 pages
Book Rating : 4.5/5 (715 download)

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Book Synopsis Legalization and World Politics by : Judith Goldstein

Download or read book Legalization and World Politics written by Judith Goldstein and published by MIT Press. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the intersection of international law and world politics from the viewpoints of the two disciplines.