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National Courts and Preliminary References to the Court of Justice
This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.
Failure to Prevent Gross Human Rights Violations in Darfur
The book looks at the role of states and international organisations in their attempts to prevent the genocide in Darfur (2003-2005); from early warning to limited action in the field of humanitarian assistance, mediation, sanctions and peace-keeping. The book uses several theories to explain how decision-making led to the (absence) of international responses.
The Domestic Impact and Effectiveness of the Process of State Reporting Under UN Human Rights Treaties in the Netherlands, New Zealand and Finland
"The number of international human rights treaties and monitoring mechanisms has grown considerably over the past decades. States are increasingly confronted with criticism as to their domestic human rights record. What is the effect of all these treaties, monitoring and criticism? Do they lead to changes and improvements? This book addresses such questions. More in particular, it investigates the domestic impact and effectiveness of the process of state reporting under the six main UN human rights treaties in the Netherlands, New Zealand and Finland. The focus is on the effectiveness of the recommendations of the treaty bodies and the extent to which policy or legislation is changed as a re...
The Court of Justice of the European Union
The court of justice then, now and tomorrow / Anthony Arnull -- Preliminary rulings to the CJEU and the Swedish Judiciary? Current developments / Ulf Bernitz -- A dynamic analysis of judicial behaviour: the auto-correct function of constitutional pluralism / Ana Bob¡c -- Pre-ratification judicial review of international agreements to be concluded by the European Union / Graham Butler -- Serving two masters: CJEU case law in Swedish first instance courts and national courts of precedence as gatekeepers / Mattias Derlén and Johan Lindholm -- The role of the court in limiting national policy-making? Requiring safeguards against the arbitrary use of discretion / Angelica Ericsson -- Institutio...
The Human Rights Covenants at 50
Fifty years after the UN General Assembly adopted the two human rights covenants, this volume brings together contributions considering the key issues facing the international human rights system today, taking stock of the achievements of the covenants, assessing their current influence, and exploring the future challenges facing them.
Mobilising International Law for 'Global Justice'
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
The Performance of Africa's International Courts
A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case-loads: and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunal series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.
The Requirement of Consultation with Indigenous Peoples in the ILO
In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
The Limits of the Legal Complex
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which ...
Parliaments and the European Court of Human Rights
Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.
