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Parliamentary Participation in the Making and Operation of Treaties:A Comparative Study

Parliamentary Participation in the Making and Operation of Treaties:A Comparative Study
Author: Stefan A. Riesenfeld
Publisher: Springer
Total Pages: 632
Release: 1994-01-27
Genre: Law
ISBN:

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This book represents the culmination of a project initiated in 1990 which brought together a group of judges, scholars and government officials to address the role of parliaments in the making and implementation of international treaty law.


Treaties in Parliaments and Courts

Treaties in Parliaments and Courts
Author: Felix Lange
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2024-03-14
Genre: Political Science
ISBN: 1035324350

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Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.


The Future of UN Human Rights Treaty Monitoring

The Future of UN Human Rights Treaty Monitoring
Author: Philip Alston
Publisher: Cambridge University Press
Total Pages: 604
Release: 2000-05-11
Genre: Law
ISBN: 9780521645744

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Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.


The Politics of Ratification of EU Treaties

The Politics of Ratification of EU Treaties
Author: Carlos Closa
Publisher: Routledge
Total Pages: 245
Release: 2013-09-02
Genre: Political Science
ISBN: 1136767312

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Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself. The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.


National Treaty Law and Practice

National Treaty Law and Practice
Author: Duncan Hollis
Publisher: BRILL
Total Pages: 857
Release: 2005-05-01
Genre: Law
ISBN: 9047407628

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As of 1 January 2018 this journal is no longer distributed by Brill. For information about subscriptions, please contact Higher Education Press.


The Oxford Handbook of Comparative Foreign Relations Law

The Oxford Handbook of Comparative Foreign Relations Law
Author: Curtis A. Bradley
Publisher: Oxford Handbooks
Total Pages: 891
Release: 2019-06-26
Genre: Law
ISBN: 0190653337

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This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.


Research Handbook on the Politics of International Law

Research Handbook on the Politics of International Law
Author: Wayne Sandholtz
Publisher: Edward Elgar Publishing
Total Pages: 609
Release: 2017-02-24
Genre: Law
ISBN: 1783473983

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What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.


Comparative International Law

Comparative International Law
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 641
Release: 2018
Genre: Law
ISBN: 0190697571

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Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.


Multilateral Treaty-Making

Multilateral Treaty-Making
Author: Vera Gowlland-Debbas
Publisher: BRILL
Total Pages: 155
Release: 2021-10-18
Genre: Law
ISBN: 900448096X

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This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.


Mixed Agreements as a Technique for Organizing the International Relations of the European Community and its Member States

Mixed Agreements as a Technique for Organizing the International Relations of the European Community and its Member States
Author: Joni Heliskoski
Publisher: BRILL
Total Pages: 345
Release: 2021-08-30
Genre: Law
ISBN: 9004480862

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This volume provides the most comprehensive account to date of the foundations, evolution, and nature of the treaty-making practice, known as the practice of mixed agreements, whereby the European Community and its Member States enter into international agreements with one or more other subjects of international law. Covering policy areas from external economic relations to the environment, from development cooperation to the law of the sea, the practice of mixed agreements occupies a highly prominent position in the external relations of the EU. Rather than focusing upon any particular agreement or subject area, the book seeks to identify, through analysis of the respective interests of the Community, the Member States and other parties, as they are reflected in actual practice, the general parameters for the conclusion and application of mixed agreements. The basic thesis defended is that there are mediating strategies whereby mixed agreements can be turned into an effective technique for manifesting the Community's position in external relations whilst nevertheless safeguarding the vital interests of the Member States and the other, non-EC parties. Rather than a `necessary evil', mixed agreements should be regarded as a natural way of organizing the international relations of the EC and its Member States. Of individual treaties, the most thorough examination is made of the Community and the Member States' participation in the Law of the Sea Convention, the Food and Agriculture Organization of the UN (FAO), as well as the Agreement establishing the World Trade Organization (WTO). As regards the WTO, for instance, the book offers a comprehensive account of the dispute settlement practice under the GATS and TRIPS Agreements.