Описание: This book provides a conceptual and legal analysis of one of the most important challenges facing international organizations today: their exercise of sovereign powers. The book examines the exercise of sovereign powers by organizations such as the UN, the WTO, and the EU, and tackles the fundamental question of what values should constrain international organizations in their exercise of sovereign powers.
Описание: The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Описание: This book proposes a general theory of international courts that assumes member states are free to ignore international agreements and adverse court rulings, and that the court does not have any informational advantages. It demonstrates that international courts can facilitate cooperation with international law, but only within important political constraints.
Автор: Jakab Andrбs Название: The Enforcement of EU Law and Values ISBN: 0198746563 ISBN-13(EAN): 9780198746560 Издательство: Oxford Academ Рейтинг: Цена: 21780.00 р. Наличие на складе: Поставка под заказ.
Описание: Examining the growing issue of EU Member States` defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
Автор: Shelton Dinah Название: International Law and Domestic Legal Systems ISBN: 0199694907 ISBN-13(EAN): 9780199694907 Издательство: Oxford Academ Рейтинг: Цена: 26928.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.
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