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War, Commerce, and International Law
  • Language: en
  • Pages: 277

War, Commerce, and International Law

  • Categories: Law

Do invading and occupying powers have the right to destroy and confiscate private property and ignore contract rights? Who decides cases over contested resources during or after war? This title explores these questions in the context of the relationship between war and commerce, and international law.

The Performance of Africa's International Courts
  • Language: en
  • Pages: 385

The Performance of Africa's International Courts

  • Categories: Law

This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.

African Regional Trade Agreements as Legal Regimes
  • Language: en
  • Pages: 525

African Regional Trade Agreements as Legal Regimes

  • Categories: Law

African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.

Making Markets Work for Africa
  • Language: en
  • Pages: 249

Making Markets Work for Africa

  • Categories: Law

This is a book on market law and policy in sub-Saharan Africa. It shows how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and raise the standard of living for their people while preserving their values of inclusive development. It studies particular countries and particular regions, delving deeply into the facts.

The Contested Empowerment of the Kenyan Judiciary 2010-2016
  • Language: en

The Contested Empowerment of the Kenyan Judiciary 2010-2016

  • Type: Book
  • -
  • Published: 2016-05-10
  • -
  • Publisher: Unknown

This book examines and explains the emergence of an independent judiciary in Kenya from 2010 to 2016. It argues that although this empowerment was built on a foundation of an over-two decade constitutional review process, violence following the 2007 General Elections and the 2010 Constitution that followed were an immediate explanation. The book traces the emergence of constitutional supremacy and the backlash the new-found power of judicial review faced from Parliament and the Executive. It traces the ongoing transformation of judicial review through institutional reforms in the judiciary, the vetting of judges and magistrates as well as doctrinal developments in judicial review of the political branches as well as in international law as a source of Kenyan law.

Comparative Constitutionalism and Good Governance in the Commonwealth
  • Language: en
  • Pages: 389

Comparative Constitutionalism and Good Governance in the Commonwealth

  • Categories: Law

The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.

The Legitimacy of International Trade Courts and Tribunals
  • Language: en
  • Pages: 547

The Legitimacy of International Trade Courts and Tribunals

  • Categories: Law

2.2 Procedural Rules and Issues

The Oxford Handbook of the History of International Law
  • Language: en
  • Pages: 1269

The Oxford Handbook of the History of International Law

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

Decolonizing International Relations
  • Language: en
  • Pages: 288

Decolonizing International Relations

The modern discipline of International Relations (IR) is largely an Anglo-American social science. It has been concerned mainly with the powerful states and actors in the global political economy and dominated by North American and European scholars. However, this focus can be seen as Eurocentrism. Decolonizing International Relations exposes the ways in which IR has consistently ignored questions of colonialism, imperialism, race, slavery, and dispossession in the non-European world. The first part of the book addresses the form and historical origins of Eurocentrism in IR. The second part examines the colonial and racialized constitution of international relations, which tends to be ignore...

Assessing Constitutional Performance
  • Language: en
  • Pages: 447

Assessing Constitutional Performance

  • Categories: Law

This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.