The Constitutionalization Of International Law PDF Download
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Author | : Jan Klabbers |
Publisher | : OUP Oxford |
Total Pages | : 414 |
Release | : 2011-04-07 |
Genre | : Law |
ISBN | : 0191615919 |
Download The Constitutionalization of International Law Book in PDF, ePub and Kindle
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.
Author | : Jan Klabbers |
Publisher | : Oxford University Press |
Total Pages | : 414 |
Release | : 2009-10 |
Genre | : Law |
ISBN | : 0199543429 |
Download The Constitutionalization of International Law Book in PDF, ePub and Kindle
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 andof 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.
Author | : Andrzej Jakubowski |
Publisher | : Routledge |
Total Pages | : 292 |
Release | : 2016-07-01 |
Genre | : Law |
ISBN | : 1317312287 |
Download Fragmentation vs the Constitutionalisation of International Law Book in PDF, ePub and Kindle
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
Author | : Bardo Fassbender |
Publisher | : BRILL |
Total Pages | : 228 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004175105 |
Download The United Nations Charter as the Constitution of the International Community Book in PDF, ePub and Kindle
The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
Author | : Andrea Bianchi |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2013-11-07 |
Genre | : Law |
ISBN | : 1107470242 |
Download Transparency in International Law Book in PDF, ePub and Kindle
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Author | : Karolina M. Milewicz |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2020-07-23 |
Genre | : Law |
ISBN | : 1108835090 |
Download Constitutionalizing World Politics Book in PDF, ePub and Kindle
Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
Author | : Erika de Wet |
Publisher | : Amsterdam University Press |
Total Pages | : 35 |
Release | : 2005-05-12 |
Genre | : International agencies |
ISBN | : 9056293877 |
Download The International Constitutional Order Book in PDF, ePub and Kindle
This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
Author | : Christine EJ Schwöbel |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 218 |
Release | : 2011-03-21 |
Genre | : Law |
ISBN | : 9004191151 |
Download Global Constitutionalism in International Legal Perspective Book in PDF, ePub and Kindle
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.
Author | : Jean-Philippe Robe |
Publisher | : Routledge |
Total Pages | : 367 |
Release | : 2016-06-03 |
Genre | : Law |
ISBN | : 131709333X |
Download Multinationals and the Constitutionalization of the World Power System Book in PDF, ePub and Kindle
This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
Author | : Nico Krisch |
Publisher | : Oxford University Press, USA |
Total Pages | : 383 |
Release | : 2010-10-28 |
Genre | : Law |
ISBN | : 0199228310 |
Download Beyond Constitutionalism Book in PDF, ePub and Kindle
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.