The Privileges and Immunities of International Organizations in Domestic Courts
International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.
Globalization and International Law
This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
Global Administrative Law and EU Administrative Law
This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.
'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics
Participants in the International Legal System
The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.
Democracy at Risk
Voter turnout was unusually high in the 2004 U.S. presidential election. At first glance, that level of participation—largely spurred by war in Iraq and a burgeoning culture war at home—might look like vindication of democracy. If the recent past is any indication, however, too many Americans will soon return to apathy and inactivity. Clearly, all is not well in our civic life. Citizens are participating in public affairs too infrequently, too unequally, and in too few venues to develop and sustain a robust democracy. This important new book explores the problem of America's decreasing involvement in its own affairs. D emocracy at Risk reveals the dangers of civic disengagement for the future of representative democracy. The authors, all eminent scholars, undertake three main tasks: documenting recent trends in civic engagement, exploring the influence that the design of political institutions and public policies have had on those trends, and recommending steps that will increase the amount and quality of civic engagement in America. The authors focus their attention on three key areas: the electoral process, including elections and the way people get involved; the impact of location, including demographic shifts and changing development patterns; and the critical role of nonprofit organizations and voluntary associations, including the philanthropy that help keep them going. This important project, initially sponsored by the American Political Science Association, tests the proposition that social science has useful insights on the state of our democratic life. Most importantly, it charts a course for reinvigorating civic participation in the world's oldest democracy. The authors: Stephen Macedo (Princeton University), Yvette Alex-Assensoh (Indiana University), Jeffrey M. Berry (Tufts), Michael Brintnall (American Political Science Association), David E. Campbell (Notre Dame), Luis Ricardo Fraga (Stanford), Archon Fung (Harvard), William A. Galston (University of Maryland), Christopher F. Karpowitz (Princeton), Margaret Levi (University of Washington), Meira Levinson (Radcliffe Institute), Keena Lipsitz (California–Berkeley), Richard G. Niemi (University of Rochester), Robert D. Putnam (Harvard), Wendy M. Rahn (University of Minnesota), Keith Reeves (Swarthmore), Rob Reich (Stanford), Robert R. Rodgers (Princeton), Todd Swanstrom (Saint Louis University), and Katherine Cramer Walsh (University of Wisconsin).
Immunities in the Age of Global Constitutionalism
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
The Development and Effectiveness of International Administrative Law
This book contains essays addressing issues including: the role of international administrative law in the governance of international organizations, the contribution of international administrative tribunals, and problems of effectiveness and legitimacy in the design and operation of the institutions of international administrative law.
Beyond Human Rights
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Contemporary Canadian Federalism
First published in French in 2006, Le fédéralisme canadien contemporain was immediately recognised as the most comprehensive collection of reflections on Canadian federalism by leading Québécois scholars. This remarkable translation of a range of Québécois voices makes their insightful and underrepresented perspectives available to English-language audiences. Offering alternative views of the Canadian federal model's realities by covering its foundations, traditions, and institutions, Contemporary Canadian Federalism considers the ways in which federalism relates to issues such as regionalism, multiculturalism, rights and freedoms, financial distribution, and public policy. Filled with stimulating work that bridges the gap between distinctive traditions in English- and French-Canadian scholarship on federalism, this important volume is required reading for understanding provincial-federal relations and Canadian governance.