International Actors and the Formation of Laws, Karjalainen
Автор: Karjalainen Название: International Actors and the Formation of Laws ISBN: 3030983501 ISBN-13(EAN): 9783030983505 Издательство: Springer Рейтинг: Цена: 37260.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law`s interactive nature.
Автор: Dumberry Название: The Formation and Identification of Rules of Customary International Law in International Investment Law ISBN: 1107138523 ISBN-13(EAN): 9781107138520 Издательство: Cambridge Academ Рейтинг: Цена: 107710.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Rules of customary international law provide basic legal protections to foreign investors. This book analyses how they are created and how they can be identified. Offering guidance to actors called upon to apply such rules in concrete cases, this work is of significant importance to those involved in investment arbitration.
Автор: Malgosia Fitzmaurice, Panos Merkouris Название: Treaties in Motion: The Evolution of Treaties from Formation to Termination ISBN: 1108495885 ISBN-13(EAN): 9781108495882 Издательство: Cambridge Academ Рейтинг: Цена: 116160.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The book examines law of treaties from the angle of different types of motion, and offers a combination of theoretical analysis supplemented with practical examples and empirical data. It covers all possible stages in the `life-cycle` of a treaty, from its genesis to its eventual destruction.
Автор: Ulrike M??ig Название: Reconsidering Constitutional Formation II Decisive Constitutional Normativity ISBN: 3030103048 ISBN-13(EAN): 9783030103040 Издательство: Springer Рейтинг: Цена: 46570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien r?gime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Siey?s’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
Автор: Bsoul Labeeb Ahmed Название: Formation of the Islamic Jurisprudence: From the Time of the Prophet Muhammad to the 4th Century ISBN: 1349954292 ISBN-13(EAN): 9781349954292 Издательство: Springer Рейтинг: Цена: 83850.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Drawing upon a wide variety of Arabic primary sources to provide an inclusive, unbiased view of the history of jurisprudence, this book covers all the main centers of legal scholarship in the Islamic world, addressing not only the four well-known Sunni legal schools but also defunct Sunni and sectarian legal schools.
Автор: Payk Marcus, Pergher Roberta Название: Beyond Versailles: Sovereignty, Legitimacy, and the Formation of New Polities After the Great War ISBN: 0253040914 ISBN-13(EAN): 9780253040916 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 29260.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The settlement of Versailles was more than a failed peace. What was debated at the Paris Peace Conference of 1919–1920 hugely influenced how nations and empires, sovereignty, and the international order were understood after the Great War—and into the present. Beyond Versailles argues thatthis transformation of ideas was not the work of the treaty makers alone, but emerged in interaction with nationalist groups, anti-colonial movements, and regional elites who took up the rhetoric of Paris and made it their own. In shifting the spotlight from the palace of Versailles to the peripheries of Europe, Beyond Versailles turns to the treaties' resonance on the ground and shows why the principles of the peace settlement meant different things in different locales. It was in places a long way from Paris—in Polish borderlands and in Portuguese colonies, in contested spaces like Silesia, Teschen and Danzig, and in states emerging from imperial collapse like Austria, Egypt, and Iran—that notions of nation and sovereignty, legitimacy, and citizenship were negotiated and contested.
Автор: Payk Marcus, Pergher Roberta Название: Beyond Versailles: Sovereignty, Legitimacy, and the Formation of New Polities After the Great War ISBN: 0253040906 ISBN-13(EAN): 9780253040909 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 62700.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The settlement of Versailles was more than a failed peace. What was debated at the Paris Peace Conference of 1919–1920 hugely influenced how nations and empires, sovereignty, and the international order were understood after the Great War—and into the present. Beyond Versailles argues thatthis transformation of ideas was not the work of the treaty makers alone, but emerged in interaction with nationalist groups, anti-colonial movements, and regional elites who took up the rhetoric of Paris and made it their own. In shifting the spotlight from the palace of Versailles to the peripheries of Europe, Beyond Versailles turns to the treaties' resonance on the ground and shows why the principles of the peace settlement meant different things in different locales. It was in places a long way from Paris—in Polish borderlands and in Portuguese colonies, in contested spaces like Silesia, Teschen and Danzig, and in states emerging from imperial collapse like Austria, Egypt, and Iran—that notions of nation and sovereignty, legitimacy, and citizenship were negotiated and contested.
Автор: Patrick Dumberry Название: The Formation and Identification of Rules of Customary International Law in International Investment Law ISBN: 1316503070 ISBN-13(EAN): 9781316503072 Издательство: Cambridge Academ Рейтинг: Цена: 38010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Rules of customary international law provide basic legal protections to foreign investors. This book analyses how they are created and how they can be identified. Offering guidance to actors called upon to apply such rules in concrete cases, this work is of significant importance to those involved in investment arbitration.
Автор: Ulrike M??ig Название: Reconsidering Constitutional Formation I National Sovereignty ISBN: 3319424041 ISBN-13(EAN): 9783319424040 Издательство: Springer Рейтинг: Цена: 46570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political lites. Such a communicative orientation of constitutional processes became palpable in the 'religious' affinities of the constitutional preambles. They were held as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees.
The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, C diz Constitution 1812).
Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu)
Автор: M??ig Название: Reconsidering Constitutional Formation II Decisive Constitutional Normativity ISBN: 3319730363 ISBN-13(EAN): 9783319730363 Издательство: Springer Рейтинг: Цена: 46570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book is published open access under a CC BY 4.0 license. This second volume of ReConFort addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms.
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power.
This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.
Название: The Actors of Postnational Rule-Making ISBN: 1138856665 ISBN-13(EAN): 9781138856660 Издательство: Taylor&Francis Рейтинг: Цена: 96970.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches.
Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making.
In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
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