Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2011-04-07 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Download or read book The Internationalisation of Constitutional Law written by Sergio Bartole and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book one of the longest-standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless. Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts, including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law.
Download or read book Internationalization of Law written by Marcelo Dias Varella and published by Springer. This book was released on 2014-06-17 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.
Download or read book Taming Globalization written by Julian Ku and published by Oxford University Press. This book was released on 2012-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.
Download or read book The Internationalisation of Law written by Mary Elizabeth Hiscock and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book explores the acute challenges presented by the .internationalisation. of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions. The authors have all confronted these challenges of internationalisation throughtheir extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original andtheir different proposals for dealing with the challenges are both practical and at times, radical.
Download or read book Constitutional Law and Practice in the International Labour Organisation written by Ebere Osieke and published by BRILL. This book was released on 1985-03-28 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a truism to state that since the end of the Cold War there has been unprecedented activity in the United Nations Security Council. These days the Council adopts around a hundred resolutions every year, & acts in the most diverse fields. It is true that its actions fall within the framework of Chapter VII of the United Nations Charter, but they are the expression of a considerable extension of the concept of international security. This dynamism is explained, inside the Council, by the fact that since the Gulf War the Council has no longer been stymied by the casting of a veto, & outside the Council, by the increased number of armed conflicts, especially in Africa (Mozambique, Somalia, Liberia & Angola) & in Eastern Europe. The Council has never until now been called upon so often to send peace-keeping forces to so many parts of the world. These are the thoughts which induced the Curatorium to organize a workshop to evaluate the scale & significance of this phenomenon. This volume is the outcome of the workshop. First of all, it examines the development of the powers of the Security Council; secondly, the development of the areas in which it acts; & finally it determines the place of the Security Council within the United Nations system.
Download or read book Handbook on Global Constitutionalism written by Anthony F. Lang and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
Download or read book Global Constitutionalism and the Path of International Law written by Surendra R. Bhandari and published by BRILL. This book was released on 2016-04-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.
Download or read book Constitutional Engagement in a Transnational Era written by Vicki Jackson and published by Oxford University Press. This book was released on 2013-02-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.
Download or read book The International Constitutional Order written by Erika de Wet and published by Amsterdam University Press. This book was released on 2005-05-12 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
Download or read book Interlocking Constitutions written by Luis I Gordillo and published by Bloomsbury Publishing. This book was released on 2012-04-25 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Download or read book Constitutional Engagement in a Transnational Era written by Vicki C. Jackson and published by OUP USA. This book was released on 2009-11-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances the argument that constitutional interpreters (largely courts) have adopted three different positions - convergence, resistance and engagement - towards transnational relationships, each of which has distinctive doctrinal and interpretive aspects. Vicki Jackson argues that for the United States, a position of engagement - rather than resistance or convergence - is the most appropriate approach. The book suggests that constitutions, which have always served as mediating institutions between the national and the global, will continue to do so but in a more complex and porous relationship with transnational law, and in ways that support an engagement model more broadly.
Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia (Jr) and published by Oxford University Press. This book was released on 2017 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states
Download or read book Perspectives on Global Constitutionalism written by Gábor Halmai and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work investigates the problem of how constitutionality and the internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminence in this context since they are virtually, by definition, based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The evolution of international human rights - triggered by the Holocaust trauma - was the first serious challenge pertaining to any kind of domestic action within the sovereignty of states. This new type of global morality that manifests itself in international relations largely owes itself to the emergence of the notion that certain states bear responsibility for the horrors of World War II. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the questions of how far the process of internationalization of (national0 constitutional law has progressed. The second part will address the constitutionalization of the small segment of international law that manifest itself in the assertion of international human rights standards in the case law of national courts.
Download or read book Global Constitutionalism in International Legal Perspective written by Christine EJ Schwöbel and published by BRILL. This book was released on 2011-03-21 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.
Download or read book Shaping the International Order as a Union Objective and the Dynamic Internationalisation of Constitutional Law written by Joris Larik and published by . This book was released on 2011 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Functions And Constitutional Problems Of International Economic Law written by Ernst-Ulrich Petersmann and published by Routledge. This book was released on 2019-03-04 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.
