Download or read book Mirages of International Justice written by Matthew Parish and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.
Download or read book The Mirage of International Criminal Law written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2018-10-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.
Download or read book Mirage of Police Reform written by Robert E. Worden and published by Univ of California Press. This book was released on 2017-05-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. In the United States, the exercise of police authority—and the public’s trust that police authority is used properly—is a recurring concern. Contemporary prescriptions for police reform hold that the public would better trust the police and feel a greater obligation to comply and cooperate if police-citizen interactions were marked by higher levels of procedural justice by police. In this book, Robert E. Worden and Sarah J. McLean argue that the procedural justice model of reform is a mirage. From a distance, procedural justice seemingly offers a relief from strained police-community relations. But a closer look at police organizations and police-citizen interactions shows that the relief offered by such reform is, in fact, illusory.
Download or read book Assessing the Effectiveness of International Courts written by Yuval Shany and published by Oxford University Press. This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
Download or read book The Oxford Handbook of International Adjudication written by Cesare PR Romano and published by OUP Oxford. This book was released on 2014-01-16 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.
Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by Springer Science & Business Media. This book was released on 2012-01-23 with total page 1213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume Encyclopedia of Global Justice, published by Springer, along with Springer's book series, Studies in Global Justice, is a major publication venture toward a comprehensive coverage of this timely topic. The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry. The Encyclopedia sets the tone and direction of this increasingly important area of scholarship for years to come. The entries number around 500 and consist of essays of 300 to 5000 words. The inclusion and length of entries are based on their significance to the topic of global justice, regardless of their importance in other areas.
Download or read book Historical Dictionary of Human Rights written by Jacques Fomerand and published by Rowman & Littlefield. This book was released on 2014-02-18 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dictionary has more than 1000 cross-referenced entries on terminology, conventions, treaties, intergovernmental organizations in the United Nations family or regional bodies, and the constantly expanding universe of non-governmental organizations, as well as some of the pioneers and defenders of human rights.
Download or read book Allegation by Political Laundering written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2018-10-29 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Julian Assange case reminds us of the well-known Scandinavian narrative, Keiserens Nye klæder (The Emperor’s New Clothes). Once upon a time, two tailors weaved new clothes for an emperor. They claimed they used a magic fabric that apparently less talented people could not see. In reality, they wove nothing; they had no loom at all. However, they pretended with gestures of the hand that the loom was active. No one wanted to be the less gifted person, so everyone lied and confirmed the clothes were progressing. The emperor finally put on the magic clothes and marched naked around the capital city with the members of his entourage holding the magic train. Unexpectedly, a guiltless little child, shouted out with a confident voice “Men han har jo ikke noget paa” (“But he doesn’t have anything on!”). The emperor knew the child was right, but decided he must bear it until the procession was over. Human rights or international criminal justice is not simply hocus-pocus, but it seems to be so in the case of Assange, who has enlightened the world population about the hidden criminal political laundering of the big, powerful states. This book explores the propensity towards evil in the nature of collective entities based on political and economic gains against the international community as a whole. It underlines that immoral criminal political laundering is the basic reason for money laundries throughout the globe.
Download or read book The Mirage of Dignity on the Highways of Human Progress written by Lukman Harees and published by AuthorHouse. This book was released on 2012-01-16 with total page 781 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Modern Man is hypocritically boasting of unprecedented material progress in a world , where ,inter-alia millions daily go to bed hungry, die or get killed through unwanted wars and preventable causes, live in inhumane conditions , vulnerable being exploited , with ever widening inequality , and might still ruling over right in international relations, even in the post UDHR era! an indictment on the collective conscience of mankind. Besides, the flame of materialism has been devouring time tested moral values, causing chaos within the basic unit in society- the family and relegating Man and his dignity to the level of animals and even manipulating his identity. Therefore questions arise: Is Moral law fading ; are political/economic systems and institutions like UN failing in realizing the lofty goal of affording due dignity , basic rights and social justice humanity deserves? Can the bystanders be mere onlookers anymore? This book seeks to dispassionately survey the yawning gap between the rhetoric and the ground reality in bringing about dignity and social justice for humanity from bystanders perspective in the light of these questions and underlines the imperative need for moral progress to go hand in hand to make Man assume his due role as the trustee on earth. It also exhorts bystanders to close ranks as human- dignity champions, rights defenders, identity protectors- against onslaughts from power hungry politicians, mighty powers and vested interests. This is the need of the times and what our future progeny demands.
Download or read book The European Union and International Investment Law Reform written by Ivana Damjanovic and published by Cambridge University Press. This book was released on 2023-07-27 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.
Download or read book The Changing Landscape of Global Financial Governance and the Role of Soft Law written by Friedl Weiss and published by BRILL. This book was released on 2015-05-26 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.
Download or read book Investment and Human Rights in Armed Conflict written by Daria Davitti and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the way in which international human rights law (IHRL) and international investment law (IIL) are deployed – or fail to be deployed – in conflict countries within the context of natural resources extraction. It specifically analyses the way in which IIL protections impact on the parallel protection of economic, social and cultural rights (ESC rights) in the host state, especially the right to water. Arguing that current responses have been unsatisfactory, it considers the emergence of the 'Protect, Respect and Remedy' framework and the Guiding Principles for Business and Human Rights (jointly the Framework) as a possible analytical instrument. In so doing, it proposes a different approach to the way in which the Framework is generally interpreted, and then investigates the possible applicability of this 'recalibrated' Framework to the study of the IHRL-IIL interplay in a host country in a protracted armed conflict: Afghanistan. Through the emblematic example of Afghanistan, the book presents a practical dimension to its legal analysis. It uniquely portrays the elusive intersection between these two bodies of international law within a host country where the armed conflict continues to rage and a full economic restructuring is taking place away from the public eye, not least through the deployment of IIL and the inaction – or merely partial consideration – of IHRL. The book will be of interest to academics, policy-makers, and practitioners of international organisations involved in IHRL, IIL and/or deployed in contexts of armed conflict.
Download or read book The Mirage of Peace written by David Aikman and published by Baker Books. This book was released on 2011-08-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morning headlines announce renewed violence and fresh calls for peace negotiations, while pundits on talk radio and cable TV shout conflicting opinions at anyone who will listen. Between perplexing contradictions and inflammatory rhetoric, it is often difficult to find out what's really going on in the Middle East. Former TIME magazine Jerusalem bureau chief David Aikman, who has spent decades reporting on Mid-East issues, takes a sober, balanced look at a region aflame. He brings a journalist's mind and a believer's heart to his exploration of the political and religious factors in play, and goes beyond the media's chronic oversimplification to carefully examine recent history and the leaders who have made that history. Aikman turns a critical eye on the policies of the region's prime players, resorting neither to blind pro-Israeli sentiment nor to reactionary pro-Palestinian bias. He challenges fellow Christians to a similar approach to the Middle East: respect, reason, and love, rather than unqualified tolerance on the one hand or religious crusading on the other. Discover the truth behind the headlines: God's restoring hand is at work in a region of the world torn apart by centuries of strife.
Download or read book Legalist Empire written by Benjamin Allen Coates and published by Oxford University Press. This book was released on 2016-06-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role
Download or read book Law in Politics Politics in Law written by David Feldman and published by Bloomsbury Publishing. This book was released on 2013-12-05 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
Download or read book Retreating from the Mirage of Multi Culturalism written by Raphael Israeli and published by Strategic Book Publishing & Rights Agency. This book was released on 2018 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government strategies for immigration in the Western world are changing. This follows decades in which the West enthusiastically embraced a policy of multiculturalism, hoping to integrate the critical mass of Muslim immigrants arriving in Europe. Some have come in search of economic opportunity; others are legitimate political refugees fleeing tyranny, oppression, and persecution. Multiculturalism, however, became an ideology so deeply and wholly adopted by certain Western governments, as to trigger processes of separatism instead of integration, while efforts to accord citizenship and facilitate assimilation have instead created undercurrents of revivalist Islam. The resulting policy has deteriorated into anger and frustration, leading some new immigrants to support terrorism against their host countries, and to participate in planning and initiating acts of violence in Britain, Spain, France, Germany, and Belgium. In view of this, some host countries have begun to rethink the benefits of multi-culturalism, adjusting to a new policy seeking the integration of Muslim minorities, not through recognizing and cultivating their separate identities, but through imposing the dominating culture of the adopted country. Case studies include Holland, Britain, and Israel.
Download or read book The Mirage of Versailles written by Hermann Stegemann and published by . This book was released on 1928 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
