constitution s international law constitutionalism and democracy

... and succession of states 139 International law on the succession of states 139 Russia—a successor to the Soviet Union or its continuation? 141 The special case of the Baltic states 147 Succession ... Succession to borders and the Uti Possidetis principle 150 viii Issues of succession in the cases of the other former Soviet Republics Succession to universal treaties and human rights obligations ... politics simply because the international system itself emerges as a result of interaction between different domestic systems As the international system is, in comparison with domestic systems,...

Ngày tải lên: 07/03/2014, 11:20

... have a stake in the resolution of the dispute, and thus be in a position to serve as the defendant s natural adversary But once an association has satisfied Hunt s first and second prongs assuring ... of the associational standing test: “[Hunt s] first prong can only be seen as itself an Article III necessity for an association s representative suit Hunt s second prong is at the least, complementary ... the Mississippi supreme court That court raised the issue sua sponte, discussing this federal question at length in its opinion and deciding it against Caldwell It also made reference to its general...

Ngày tải lên: 07/03/2014, 02:20

... Globalizing constitutionalism Globalism, constitutionalism and the 'Rule of Law' 48 49 51 58 61 66 Constitutional Strategies Turning to constitutionalism Constitutional responses to apartheid 's legacy ... amendment and redesign of single-document written constitutions that the conscious reconstruction of states is most clearly visible In this sense a constitution is a primary symbol of modernism, embodying ... compromise, by postponing decisions on sensitive and potentially unresolvable questions On the one hand, this may be simply understood as a successful constitution- making strategy On the other hand,...

Ngày tải lên: 23/03/2014, 05:23

... CROSSCUTTING ISSUES Exploring the Relationships among International and Domestic Constitutions Human Rights and International Constitutionalism Stephen Gardbaum 10 The Cosmopolitan Turn in Constitutionalism: ... about “ [international law s] stability as well as the consistency of international law and its comprehensive nature”8 – a view that finds expression in this volume in essays by Andreas Paulus and ... this list However, this process was criticized for lack of transparency and due process in listing and delisting decisions.19 In response to these criticisms, and various legal challenges to listing...

Ngày tải lên: 23/03/2014, 10:21

... personality This process can be traced through writers such as Westlake just as much as through statesmen such as Bismarck or events such as the Maori wars The third episode is that of the Mandate ... overlords, laws and workshops’.41 Such a passage may suggest that Indian communities are governed by sovereigns; but Vitoria s insistence, in his analysis on just war, that only Christian subjectivity ... these assertions, and in the course of refuting the conventional basis for Spanish title creates a new system of international law which essentially displaces divine law and its administrator,...

Ngày tải lên: 19/02/2014, 05:20

... conspicuous character of some common interests 10 Related issues Customary international law and treaties The persistent objector Jus cogens Jus cogens and erga omnes rules 11 Conclusions Distinguishing ... of international lawyers to the scholars of international relations Of course international relations has been studied within the disciplines of history, ethics and law for as long as those disciplines ... process is the process of customary international law, which is also referred to here as the ‘customary process’ This process governs how one particular kind of rules – rules of customary international...

Ngày tải lên: 19/02/2014, 06:20

... Education international environmental NGOs Private local business clans and families individuals private sector businesses business associations regional business associations international associations ... dialogue? Leadership and inputs at all levels are necessary to initiate such processes This section makes several proposals in response to these questions, beginning with a focus on mechanisms which ... understanding and awareness of sustainability To make progress towards more sustainable societies requires a population that is aware of the goals of sustainability and has the knowledge and the skills...

Ngày tải lên: 21/02/2014, 17:20

... measures, Asia-Pacific security, and China s security and foreign policies He has published extensively on these subjects His recent edited volumes include: South Asia at Gun Point: Small Arms and ... Commission) of the Council of Europe The Commission consists of independent experts and it advises European states, in particular central and eastern European states, in constitutional matters His ... United Nations Assistance Mission for Rwanda United Nations Observer Mission in Sierra Leone United Nations Aouzou Strip Observer Mission United Nations Angola Verification Mission I xxiv List of abbreviations...

Ngày tải lên: 07/03/2014, 11:20

... Nijhoff Publishers Self-defense in Islamic and International Law Assessing Al-Qaeda and the Invasion of Iraq Niaz A Shah SELF-DEFENSE IN ISLAMIC AND INTERNATIONAL LAW Copyright © Niaz A Shah, 2008 ... terror has caused, and is causing, enormous tension between the Muslim and non-Muslim worlds Terrorism has also caused, and is continuously causing, greater tension between the Muslim community and ... international law is yes Islamic law is and is not religious Islamic law is religious in the sense that it is based and derived from the Muslims’ divine text, the Koran and the Sunnah The subject matter,...

Ngày tải lên: 07/03/2014, 11:20

... ARABSAT Arizona JICL ASDI ASEAN ASIL IELIGNewsl ASIL IELNews ASIL Proc ASILS ILJ AsYIL AUJILP AULR Annals of Air and Space Law Appeal Cases (UK) Annual Digest and Reports ofPublic International Law ... historical, structural and functional differences between legal systems within states and the international legal system as the necessary starting point of analysis A horizontal system of law operates ... Sing JLS Singapore Journal of Legal Studies SP Space Policy Space Comm Space Communications Sri Lanka JIL Sri Lanka Journal of International Law St Louis ULJ St Louis University Law Journal Stanford...

Ngày tải lên: 07/03/2014, 11:20

... analysis of the relevant case law in this respect demonstrates his thesis In particular, recent cases that have assessed (and are continuing to assess) UK government policy, practices and decisions ... as the defects of the current system without destroying the credibility and effectiveness of the system itself ’.21 But, of course, this presupposes that international law continues to possess ... aiming to resist it by using international law and its institutions as well as domestic processes of law, advocacy networks and civil society activism in all its multiple forms.22 It is predicated...

Ngày tải lên: 07/03/2014, 11:20

... aqu´ adelante entre les dichos Se˜ ores Emperador e Rey ı n Christian´ssimo e sus heredes e sucessores e sus rreynos e tierras y se˜ or´os, vassallos e ı ¸ n ı ´ subditos’, Treaty of Madrid of ... treaties as legal instruments to the analysis of peace treaties as sources of the law of nations Even the term ‘source’ is to be understood in both senses: treaties as historical sources for the ... treaties of the period studied expressly stated that the signatory parties entered the treaties for themselves as well as their heirs and successors.31 These clauses show that, on the one hand,...

Ngày tải lên: 07/03/2014, 11:20

... terror’ This book sets out the essential features of the international legal framework against which the 9/11 attacks and the lawfulness of measures taken in response thereto fall to be assessed It ... staff, past and present and to its board Among the volunteers and associates who provided helpful research and assistance along the way are Sanchita Hosali, Debbie Sayers, Mark Pallis, Benedetta ... raises questions as to the compatibility of the ‘war on terror’ with this legal framework, and questions the implications for states responsible for violations, for third states and for the international...

Ngày tải lên: 16/03/2014, 13:20

... Member States remains to be seen, this system merits description and analysis, if only because of its comprehensiveness The description and analysis of European asylum law in this study focus on ... analysis is restricted to issues of law Which instruments count as law and which means and methods of interpretation are applied, will be discussed in paragraphs 1.4 and 1.5 Here it should be stressed ... means of interpretation, the choice in such cases must be motivated as solidly as possible 1.5 European asylum law [40] European asylum law discussed in this book consists of the provisions of...

Ngày tải lên: 16/03/2014, 13:20

... and worked in the Middle East and the Balkans Professor Sassòli has served as Executive Secretary of the International Commission of Jurists and as Registrar at the Swiss Supreme Court Ivan Shearer ... Professor Michael Schmitt Professor Jiri Toman The International Humanitarian Law Series is a series of monographs and edited volumes which aims to promote scholarly analysis and discussion of ... reflection and analysis for international law scholars and practitioners alike This Volume honours Professor Dinstein by addressing both the jus ad bellum and the jus in bello As a result of recent...

Ngày tải lên: 16/03/2014, 13:20

... professor of law at the London School of Economics, University College London, and other places J Craig Barker is Professor of Law at the Sussex Law School, University of Sussex where he teaches ... ius cogens of treaties The American Law Institute 's Restatement (Third) of Foreign Relations Law of the United States was prepared in a process of expert investigation, analysis and synthesis similar ... specialisms are international human rights law, the protection of refugees and displaced persons in international law, and international criminal law John P Grant is Professor of Law, Lewis & Clark School...

Ngày tải lên: 23/03/2014, 10:21

... the rains It includes practices and technologies, such as seed treatment, storage methods and tools used for planting and harvesting Traditional knowledge also encompasses belief systems that ... as it stands in these legal systems and then present these features as possible paradigms and recommend or discourage their adoption by other legal systems, depending on the applicable circumstances ... civil law systems, many in such legal systems are led to conclude that TK is res nullius, the property of nobody until its discovery by explorers, corporate scientists, governments and so on This...

Ngày tải lên: 30/03/2014, 10:20

... University, Princeton, New Jersey James McCall Smith is Assistant Professor of Political Science and International Affairs at George Washington University, Washington, D.C Duncan Snidal is Associate ... economics, the most successful of the social sciences A market is characterized by impersonality between buyers and sellers, specialization in buying and selling, and exchange based upon prices set ... formal agreements not because their substance is less important (the Cuban missile crisis was solved by informal agreement) but because the underlying promises are less visible and more equivocal...

Ngày tải lên: 30/03/2014, 10:20

... courts This analysis suggests that the usual sense in which the word ‘justice’ is used is unable to help as a justification for choice of law rules The idea that ‘justice’ could operate as a justification ... ‘justice pluralism’ 1.4.1 Conflicts justice Part of the justness of any set of rules is its coherence and consistency The need for systemic coherence in private international law is usually described ... the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement...

Ngày tải lên: 30/03/2014, 10:20

... is Director of the International Law Program and Assistant Professor of Law, Universidad de los Andes Law School, Bogot´ An a SJD graduate of Harvard Law School, she teaches and researches international ... same time, each of his decisions is inscribed in a sort of law for his subjects, and an obligation for his successors.38 Thus when international lawyers record the deeds, actions or decisions ... degradation and epidemics, and against the excesses of the measures taken by states in response to these perceived threats Commentators look to international law as a source of constraints on the abuses...

Ngày tải lên: 30/03/2014, 10:20