The Global Law Of The Land

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The Law of the Land

Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
ISBN 13 : 0465065902
Total Pages : 371 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Law of the Land by : Akhil Reed Amar

Download or read book The Law of the Land written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2015-04-14 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.

The Global Law of the Land

Author : Amnon Lehavi
Publisher :
ISBN 13 :
Total Pages : 47 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Global Law of the Land by : Amnon Lehavi

Download or read book The Global Law of the Land written by Amnon Lehavi and published by . This book was released on 2010 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy, by virtue of their reflecting place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, basing itself on an historical, comparative, and theoretical study of the structures and strictures of domestic land laws and of current cross-border phenomena that dramatically affect national land systems.The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the forces of quot;globalization,quot; we must come to terms with the particularly difficult institutional and jurisprudential constraints that are involved in undermining the local basis of land laws. Thus, in order to systematically succeed in intensifying cross-border land law rules, global and national actors need to construct more comprehensive supra-national institutions, prevent normative over-fragmentation within each legal system, and pay close attention to local-specific interplays between law, politics, economics, and culture.

Indigenous Peoples' Land Rights under International Law

Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9047431308
Total Pages : 352 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

The Land is the Source of the Law

Author : C.F. Black
Publisher : Routledge
ISBN 13 : 1136919732
Total Pages : 368 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis The Land is the Source of the Law by : C.F. Black

Download or read book The Land is the Source of the Law written by C.F. Black and published by Routledge. This book was released on 2010-10-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.

The Law of Nations

Author : Emer de Vattel
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Supreme Law of the Land?

Author : Gregory H. Fox
Publisher : Cambridge University Press
ISBN 13 : 1108546269
Total Pages : 517 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Supreme Law of the Land? by : Gregory H. Fox

Download or read book Supreme Law of the Land? written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2017-09-21 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.

International Law as Law of the United States

Author : Jordan J. Paust
Publisher :
ISBN 13 :
Total Pages : 552 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Law as Law of the United States by : Jordan J. Paust

Download or read book International Law as Law of the United States written by Jordan J. Paust and published by . This book was released on 2003 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: A must reference for the practitioner, judge, student, and serious scholar, this revised and updated work provides a thorough and readable text on various types and possibilities of incorporation of international law into our domestic legal processes. The second edition has retained and updated the first six chapters from the first edition and contains the most detailed exposition to date of cases, patterns of use, and trends concerning traditional topics such as customary international law and its incorporation into U.S. law; self-executing treaties and direct and indirect legal effects of treaties; the last-in-time rule and exceptions thereto; priorities among generally coequal laws of the land; presidential powers and duties; remedies or civil and criminal sanctions; and use of human right precepts throughout U.S. history (including attention to actual types of human rights utilized, the right of access to courts, and the right to an effective remedy). Chapters on human rights and the ninth amendment; jurisdiction and enforcement responsibilities with respect to international criminal law; and the peace power have also been retained and updated, while portions of other chapters have been shifted to other sections of the treatise or deleted. The comprehensive and highly useful index has been retained. The treatise is unique in terms of areas of coverage and its attention to detail, including heavily documented research into literally thousands of U.S. cases. "Professor Paust's new book is not only well-written, but it also contains a rich vein of resources that may be worked for profit by teacher, student, researcher, and practitioner." -- American Society of International Law Newsletter, on the first edition "Superlative. The idea is original, the execution exhaustive and the impact, simply overwhelming." -- W.M. Weisman, Wesley N. Hohfeld Professor of Jurisprudence, Yale Law School, on the first edition "This is an excellent work for scholarly law libraries...[and] for small- to mid-sized law libraries and academic libraries that emphasize American law and history." -- Legal Information ALERT "Paust's work reflects a vigorous defense of the cause of international law... [It] reflects an impressive mosaic of the author's views that will undoubtedly continue to spark controversy and debate within our community." -- The American Journal of International Law

Property Law in a Globalizing World

Author : Amnon Lehavi
Publisher : Cambridge University Press
ISBN 13 : 1108425127
Total Pages : 301 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Property Law in a Globalizing World by : Amnon Lehavi

Download or read book Property Law in a Globalizing World written by Amnon Lehavi and published by Cambridge University Press. This book was released on 2019-01-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency

The Thin Justice of International Law

Author : Steven R. Ratner
Publisher : Oxford University Press, USA
ISBN 13 : 0198704046
Total Pages : 497 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Thin Justice of International Law by : Steven R. Ratner

Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by Oxford University Press, USA. This book was released on 2015 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.

The International Law of Property

Author : John G. Sprankling
Publisher : OUP Oxford
ISBN 13 : 0191502529
Total Pages : 457 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The International Law of Property by : John G. Sprankling

Download or read book The International Law of Property written by John G. Sprankling and published by OUP Oxford. This book was released on 2014-05-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

The International Law of Belligerent Occupation

Author : Yoram Dinstein
Publisher : Cambridge University Press
ISBN 13 : 0521896371
Total Pages : 336 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The International Law of Belligerent Occupation by : Yoram Dinstein

Download or read book The International Law of Belligerent Occupation written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2009-02-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.

The Law of the Land

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis The Law of the Land by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law

Download or read book The Law of the Land written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law and published by . This book was released on 2010 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law in a Lawless Land

Author : Michael Taussig
Publisher : University of Chicago Press
ISBN 13 : 0226790142
Total Pages : 225 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Law in a Lawless Land by : Michael Taussig

Download or read book Law in a Lawless Land written by Michael Taussig and published by University of Chicago Press. This book was released on 2005-11-15 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A modern nation in a state of total disorder, Colombia is an international flashpoint—wracked by more than half a century of civil war, political conflict, and drug-trade related violence—despite a multibillion dollar American commitment that makes it the third-largest recipient of U.S. foreign aid. Law in a Lawless Land offers a rare and penetrating insight into the nature of Colombia's present peril. In a nuanced account of the human consequences of a disintegrating state, anthropologist Michael Taussig chronicles two weeks in a small town in Colombia's Cauca Valley taken over by paramilitaries that brazenly assassinate adolescent gang members. Armed with automatic weapons and computer-generated lists of names and photographs, the paramilitaries have the tacit support of the police and even many of the desperate townspeople, who are seeking any solution to the crushing uncertainty of violence in their lives. Concentrating on everyday experience, Taussig forces readers to confront a kind of terror to which they have become numb and complacent. "If you want to know what it is like to live in a country where the state has disintegrated, this moving book by an anthropologist well known for his writings on murderous Colombia will tell you."—Eric Hobsbawm

The Laws and the Land

Author : Daniel Rück
Publisher : UBC Press
ISBN 13 : 0774867469
Total Pages : 336 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Laws and the Land by : Daniel Rück

Download or read book The Laws and the Land written by Daniel Rück and published by UBC Press. This book was released on 2021-09-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the settler state of Canada expanded into Indigenous lands, settlers dispossessed Indigenous people and undermined their sovereignty as nations. One site of invasion was Kahnawà:ke, a Kanien’kehá:ka community and part of the Rotinonhsiónni confederacy. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; the establishment of modern Kahnawà:ke in the context of French imperial claims; intensifying colonial invasions under British rule; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. What Daniel Rück describes is an invasion spearheaded by bureaucrats, Indian agents, politicians, surveyors, and entrepreneurs. This original, meticulously researched book is deeply connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.

International Property Law

Author : John G. Sprankling
Publisher : Oxford University Press, USA
ISBN 13 : 0199654549
Total Pages : 433 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Property Law by : John G. Sprankling

Download or read book International Property Law written by John G. Sprankling and published by Oxford University Press, USA. This book was released on 2014-03 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law increasingly creates, harmonizes, and restricts property rights, thereby superseding national law. This book examines this emerging regime of international property law. Looking at the intersection between international law and private property, the work argues that a global right to property should be recognized.

International Law and the Arctic

Author : Michael Byers
Publisher : Cambridge University Press
ISBN 13 : 1107042755
Total Pages : 341 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Law and the Arctic by : Michael Byers

Download or read book International Law and the Arctic written by Michael Byers and published by Cambridge University Press. This book was released on 2013-08 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

Optional Law

Author : Ian Ayres
Publisher : University of Chicago Press
ISBN 13 : 0226033481
Total Pages : 296 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Optional Law by : Ian Ayres

Download or read book Optional Law written by Ian Ayres and published by University of Chicago Press. This book was released on 2010-02-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases. Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information. Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.