The Challenge of Inter-legality

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Publisher : Cambridge University Press
ISBN 13 : 110842547X
Total Pages : 447 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Challenge of Inter-legality by : Jan Klabbers

Download or read book The Challenge of Inter-legality written by Jan Klabbers and published by Cambridge University Press. This book was released on 2019-05-30 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Normative Pluralism and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107245168
Total Pages : 369 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Normative Pluralism and International Law by : Jan Klabbers

Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2013-04-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

Entangled Legalities Beyond the State

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Publisher : Cambridge University Press
ISBN 13 : 1108843069
Total Pages : 521 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Entangled Legalities Beyond the State by : Nico Krisch

Download or read book Entangled Legalities Beyond the State written by Nico Krisch and published by Cambridge University Press. This book was released on 2021-11-11 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Radical Constitutional Pluralism in Europe

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Publisher : Taylor & Francis
ISBN 13 : 1000828530
Total Pages : 183 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Radical Constitutional Pluralism in Europe by : Orlando Scarcello

Download or read book Radical Constitutional Pluralism in Europe written by Orlando Scarcello and published by Taylor & Francis. This book was released on 2022-12-23 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.

The Oxford Handbook of Transnational Law

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Publisher : Oxford University Press
ISBN 13 : 0197547435
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021-04-30 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.

Global Rights?

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Publisher : Oxford University Press
ISBN 13 : 0198940173
Total Pages : 273 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis Global Rights? by :

Download or read book Global Rights? written by and published by Oxford University Press. This book was released on 2024-10-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the place of human rights law within global governance? How can we safeguard human rights in various sites of global governance? What is the role of the state, non-state actors, and global governance institutions in all this? Global Rights?: Human Rights in Complex Governance interrogates how human rights and global governance interact with various sub-fields of international and transnational regulation to answer these foundational questions. The volume offers a detailed exploration of the role of human rights in global governance contexts, such as the sovereign debt regime, global value chains, development assistance, international food governance, and the laws of war. Through an in-depth study of several global governance regimes based on diverse theoretical and methodological approaches, this volume challenges the mainstream discourse on the evolution of human rights law and its limits. As a result, issue areas that are rarely in conversation with each other--such as the World Bank's practices and the law on the use of force--are examined through a common analytical framework that is both rich and flexible enough to shed new light on individual areas of concern and simultaneously reflect on cross-cutting themes. Bringing human rights experts together with leading scholars in the law of international organizations, public finance, corporations, and use of force, Global Rights? thus serves as a contemporary reflection and set of arguments on how to study and productively think about human rights in complex governance settings.

International Sanctions in Practice

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Publisher : Taylor & Francis
ISBN 13 : 1040124674
Total Pages : 238 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Sanctions in Practice by : Antonio Bultrini

Download or read book International Sanctions in Practice written by Antonio Bultrini and published by Taylor & Francis. This book was released on 2024-08-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses key aspects relating to the use of international sanctions by assembling contributions from different fields of expertise with a view to providing readers with an interdisciplinary perspective. Unilateral or plurilateral restrictive measures, commonly referred to as “sanctions”, by States or regional organizations have been acquiring an enormous practical importance in the last decades, leading also to the institution of a European Union’s sanctioning mechanism of its own. In addition to that, the war in Ukraine, triggered by the Russian aggression, has given them an unprecedented visibility, including in the mainstream media. The matter nevertheless remains particularly complex, given its diverse implications from a legal as well as from an economic-financial point of view, and not least in a political perspective. This book follows up the workshop that was held at the University of Florence on 9-10 December 2021 and collects original contributions from promising or acclaimed, leading experts on sanctions. Each part of the book is devoted to three main themes: legality and legitimacy; extraterritorial implications; and effectiveness. These parts consist of a “dialogue” between experts from different fields. The book explores the legal basis of sanctions and how this impacts their legitimacy and the perception of their legitimacy. It considers the complex implications of the extraterritorial effects that sanctions often produce or are even intended to produce, as well as how effective they are in relation to different underlying aims. It is hardly possible to tackle such key questions through a unique disciplinary lens. This book thus represents an invitation to scholars, experts and decision-makers to adopt an interdisciplinary approach that can no longer be eluded.

Accommodating Diversity in Multilevel Constitutional Orders

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000909492
Total Pages : 262 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Accommodating Diversity in Multilevel Constitutional Orders by : Maja Sahadžić

Download or read book Accommodating Diversity in Multilevel Constitutional Orders written by Maja Sahadžić and published by Taylor & Francis. This book was released on 2023-07-19 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Research Handbook on General Principles in EU Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712388
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.

Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

The Cambridge Companion to Comparative Constitutional Law

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Publisher : Cambridge University Press
ISBN 13 : 1316733440
Total Pages : 653 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman

Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer 'hermeneutic' help: they enable us to see 'our' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the 'theoretical foundations' (Part I) and some important 'historical experiences' (Part II), it moves on to a discussion of the core 'constitutional principles' (Part III) and 'state institutions' (Part IV); finally it analyses forms of 'transnational' constitutionalism (Part V) that have emerged in our 'global' times.

Confronting Colonial Objects

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Publisher : Oxford University Press
ISBN 13 : 0192694138
Total Pages : 593 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Confronting Colonial Objects by : Carsten Stahn

Download or read book Confronting Colonial Objects written by Carsten Stahn and published by Oxford University Press. This book was released on 2023-10-13 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

Research Handbook on International Law and Cities

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788973283
Total Pages : 512 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on International Law and Cities by : Aust, Helmut P.

Download or read book Research Handbook on International Law and Cities written by Aust, Helmut P. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.

Virtue in Global Governance

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Publisher : Cambridge University Press
ISBN 13 : 1009203223
Total Pages : 337 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Virtue in Global Governance by : Jan Klabbers

Download or read book Virtue in Global Governance written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-08-11 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.

The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004428674
Total Pages : 273 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law by : Serena Forlati

Download or read book The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law written by Serena Forlati and published by BRILL. This book was released on 2020-05-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gabčíkovo-Nagymaros Judgment is among the most influential pronouncements of the International Court of Justice. While the Court took an unusual approach to settling this dispute, it also adopted important stances on a number of complex issues of sustainable development and delicate problems of ‘general’ international law. It significantly contributed to the elucidation and consolidation of many rules pertaining to the law of treaties, the law of international responsibility, and their mutual relationship. The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law offers a comprehensive analysis of both the management of this case and the substantive legal issues at stake. It also reappraises the Court’s findings in light of subsequent developments in the international legal order, focusing on the role of the ‘World Court’ in fostering such developments.

The Oxford Guide to Treaties

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Publisher : Oxford University Press
ISBN 13 : 0192587749
Total Pages : 1173 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Guide to Treaties by : Duncan B. Hollis

Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press. This book was released on 2020-05-28 with total page 1173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

International Procedure in Interstate Litigation and Arbitration

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108845312
Total Pages : 445 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Procedure in Interstate Litigation and Arbitration by : Eric De Brabandere

Download or read book International Procedure in Interstate Litigation and Arbitration written by Eric De Brabandere and published by Cambridge University Press. This book was released on 2021-11-25 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.