Carving Out the Rule of Law

Carving Out the Rule of Law PDF

Author: Ross Parker

Publisher:

Published: 2009

Total Pages: 431

ISBN-13: 9781438937366

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Pueblos de América. Tenemos el compromiso de hacer surgir nuestras ideas propias, de levantar nuestras naciones con el barro trémulo, de harápos dejados tras cansados años, de herramientas hurañas y maltratados campos. Que tus hijos vean encumbradas sus montañas con dignidad surgida de hondonadas, de flechas guerreras y tatuajes de animales feroces y sanguinarios. Nuestra propia ideología, debe poner al servicio del hombre sus luchas, para eliminar lamentos cotidianos, para derrotar al dragón escondido que amenaza las culturas, para usarla con mesura y acondicionar el acúmulo del dinero en bien de las mayorías, no para someter al individuo sino para su propio beneficio. Es hora del tiempo justo para el resplandor de América, con todas sus gamas multiformes, con participación de todos los sectores que la forman, con todos los pueblos hermanos y con todos nuestros recursos. Somos la esperanza del mundo y por lo tanto tenemos el deber de salvaguardar la vida humana, de luchar por erradicar las desventajas ingratas que bruscamente quiebran nuestro intelecto y no lo respetan; la solidaridad es necesaria para enfrentar nuevos retos, para vencer medidas restrictivas y egoístas, para sacar adelante esos pueblos relegados por maldiciones extrañas, por imposiciones e ingratitudes de tiranos. Es el momento para la búsqueda de nuestro propio destino.

Investment Protection Standards and the Rule of Law

Investment Protection Standards and the Rule of Law PDF

Author: August Reinisch

Publisher: Oxford University Press

Published: 2023-02-03

Total Pages: 417

ISBN-13: 0192864580

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This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies PDF

Author: Aziz Z. Huq

Publisher: Oxford University Press

Published: 2021

Total Pages: 193

ISBN-13: 0197556817

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"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Democracy and Rule of Law in China's Shadow

Democracy and Rule of Law in China's Shadow PDF

Author: Brian Christopher Jones

Publisher: Bloomsbury Publishing

Published: 2021-06-03

Total Pages: 348

ISBN-13: 1509933972

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This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

Text, Cases and Materials on Public Law and Human Rights

Text, Cases and Materials on Public Law and Human Rights PDF

Author: Helen Fenwick

Publisher: Routledge

Published: 2020-12-14

Total Pages: 1060

ISBN-13: 1135071330

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This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).

Research Methods in International Law

Research Methods in International Law PDF

Author: Deplano, Rossana

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 544

ISBN-13: 1788972368

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This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.

The Politics of International Criminal Law

The Politics of International Criminal Law PDF

Author: Holly Cullen

Publisher: BRILL

Published: 2020-12-15

Total Pages: 407

ISBN-13: 9004372490

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The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.

Oxford Principles of European Union Law

Oxford Principles of European Union Law PDF

Author: Robert Schütze

Publisher: Oxford University Press

Published: 2018

Total Pages: 1441

ISBN-13: 0199533776

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"Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website

The Roles of International Law in Development

The Roles of International Law in Development PDF

Author:

Publisher: Oxford University Press

Published: 2023-10-21

Total Pages: 481

ISBN-13: 0192872923

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The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.

The Rule Of Law And Economic Reform In Russia

The Rule Of Law And Economic Reform In Russia PDF

Author: Jeffery Sachs

Publisher: Routledge

Published: 2019-05-20

Total Pages: 228

ISBN-13: 0429964420

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What impact has Russia's chosen path of reform had on the development of law after the collapse of the communist regime? This collection of essays examines how Russia's distinctive traditions of law-and lawlessness-are shaping the current struggle for economic reform in the country. Nine renowned scholars, chosen from specialties in history, politi