The Cambridge Handbook of Foreign Judges on Domestic Courts

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Publisher : Cambridge University Press
ISBN 13 : 1009116185
Total Pages : 907 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis The Cambridge Handbook of Foreign Judges on Domestic Courts by : Anna Dziedzic

Download or read book The Cambridge Handbook of Foreign Judges on Domestic Courts written by Anna Dziedzic and published by Cambridge University Press. This book was released on 2023-10-31 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.

Foreign Judges in the Pacific

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509942874
Total Pages : 257 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Foreign Judges in the Pacific by : Anna Dziedzic

Download or read book Foreign Judges in the Pacific written by Anna Dziedzic and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.

The Judicial Process

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Publisher : Cambridge University Press
ISBN 13 : 9781139446983
Total Pages : 448 pages
Book Rating : 4.4/5 (469 download)

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Book Synopsis The Judicial Process by : E. W. Thomas

Download or read book The Judicial Process written by E. W. Thomas and published by Cambridge University Press. This book was released on 2005-09-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

The Role of Domestic Courts in the International Legal Order

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Publisher :
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.:/5 (781 download)

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Book Synopsis The Role of Domestic Courts in the International Legal Order by :

Download or read book The Role of Domestic Courts in the International Legal Order written by and published by . This book was released on 1964 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Using International Law in Domestic Courts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847310524
Total Pages : 500 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Using International Law in Domestic Courts by : Shaheed Fatima KC

Download or read book Using International Law in Domestic Courts written by Shaheed Fatima KC and published by Bloomsbury Publishing. This book was released on 2005-10-04 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

Historical Dictionary of The Gambia

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Publisher : Rowman & Littlefield
ISBN 13 : 1538178133
Total Pages : 771 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Historical Dictionary of The Gambia by : David Perfect

Download or read book Historical Dictionary of The Gambia written by David Perfect and published by Rowman & Littlefield. This book was released on 2024-09-23 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: A former British colony, The Gambia became independent in 1965 and has had only three presidents since then. While The Gambia remained a very poor country under its first prime minister and then president (from 1970), Sir Dawda Jawara, democratic institutions survived, multi-party elections were free and fair, and the country’s human rights record was excellent. In contrast, there were seriously flawed elections and extensive human rights abuses under first the Armed Forces Provisional Ruling Council and then President Yahya Jammeh. Since Adama Barrow became president in 2017, democratic rule and fair elections have been restored, although many challenges remain; for example, the 2020 Constitution has still not been implemented. This book examines all aspects of recorded Gambian history from the 15th century, when the first European expeditions arrived, to the present. Historical Dictionary of The Gambia, Sixth Edition contains a chronology, an introduction, and an extensive bibliography. The dictionary section has more than 1,000 cross-referenced entries on important personalities as well as aspects of the country’s politics, economy, foreign relations, religion, and culture. This book is an excellent resource for students, researchers, and anyone wanting to know more about The Gambia.

The Cambridge Handbook of China and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1009050419
Total Pages : 1090 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Cambridge Handbook of China and International Law by : Ignacio de la Rasilla

Download or read book The Cambridge Handbook of China and International Law written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2024-01-18 with total page 1090 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a comprehensive road map to China's engagement with international law and an upgraded bridge between Chinese and Western approaches in times of turmoil. Written by a leading group of Chinese and Western specialists, it examines how China is assimilating into, and putting its stamp on, the global legal order. It offers updated analyses of China's relationship with international institutions, human rights law, international trade law, the law of the sea, the laws of peace and war, international criminal law, global health law, international investment law, international environmental law, climate change, international terrorism law, outer-space law, intellectual property law, cyber-space warfare, international financial law, international dispute settlement, territorial disputes, the Belt and Road Initiative, the Community of Shared Future for Mankind, China's constitutional law, the judicial application of international law, state immunity, the international rule of law, China's treaty practices and the extraterritorial application of Chinese laws.

The Cambridge Handbook of Judicial Control of Arbitral Awards

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Publisher : Cambridge University Press
ISBN 13 : 1108802966
Total Pages : 1250 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Handbook of Judicial Control of Arbitral Awards by : Larry A. DiMatteo

Download or read book The Cambridge Handbook of Judicial Control of Arbitral Awards written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2020-10-29 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

The Cambridge Handbook of Immunities and International Law

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Publisher : Cambridge University Press
ISBN 13 : 110828499X
Total Pages : pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Cambridge Handbook of Immunities and International Law by : Tom Ruys

Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

The Engagement of Domestic Courts with International Law

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Publisher : Oxford University Press
ISBN 13 : 0192679171
Total Pages : 465 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Engagement of Domestic Courts with International Law by : Eleni Methymaki

Download or read book The Engagement of Domestic Courts with International Law written by Eleni Methymaki and published by Oxford University Press. This book was released on 2024-04-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.

The Role of Domestic Courts in Treaty Enforcement

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Publisher : Cambridge University Press
ISBN 13 : 052187730X
Total Pages : 657 pages
Book Rating : 4.5/5 (218 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 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.

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.

The Cambridge Handbook of the Intellectual History of Psychology

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Publisher : Cambridge University Press
ISBN 13 : 1108311024
Total Pages : pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis The Cambridge Handbook of the Intellectual History of Psychology by : Robert J. Sternberg

Download or read book The Cambridge Handbook of the Intellectual History of Psychology written by Robert J. Sternberg and published by Cambridge University Press. This book was released on 2019-05-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: We cannot understand contemporary psychology without first researching its history. Unlike other books on the history of psychology, which are chronologically ordered, this Handbook is organized topically. It covers the history of ideas in multiple areas of the field and reviews the intellectual history behind the major topics of investigation. The evolution of psychological ideas is described alongside an analysis of their surrounding context. Readers learn how eminent psychologists draw on the context of their time and place for ideas and practices, and also how innovation in psychology is an ongoing dialogue between past, present, and anticipated future.

Research Handbook on Implementation of Human Rights in Practice

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800372280
Total Pages : 364 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Research Handbook on Implementation of Human Rights in Practice by : Rachel Murray

Download or read book Research Handbook on Implementation of Human Rights in Practice written by Rachel Murray and published by Edward Elgar Publishing. This book was released on 2022-11-25 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.

Research Handbook on the Politics of International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1783473983
Total Pages : 609 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on the Politics of International Law by : Wayne Sandholtz

Download or read book Research Handbook on the Politics of International Law written by Wayne Sandholtz and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

International Judicial Review

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Publisher : Cambridge University Press
ISBN 13 : 1108488765
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Judicial Review by : Shai Dothan

Download or read book International Judicial Review written by Shai Dothan and published by Cambridge University Press. This book was released on 2020-03-05 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.

Embedded Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108420494
Total Pages : 263 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Embedded Courts by : Kwai Hang Ng

Download or read book Embedded Courts written by Kwai Hang Ng and published by Cambridge University Press. This book was released on 2017-10-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.