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Reparations for Indigenous Peoples
In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.
The Politics of Inclusive Development
It is now widely accepted that politics plays a significant role in shaping the possibilities for inclusive development. However, the specific ways in which this happens across different types and forms of development, and in different contexts, remains poorly understood. This collection provides a state of the art review regarding what is currently known about the politics of inclusive development. Leading academics offer systematic reviews of how politics shapes development across multiple dimensions, including through growth, natural resource governance, poverty reduction, service delivery, social protection, justice systems, the empowerment of marginalised groups, and the role of both tr...
Portraits of Women in International Law
Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around ...
International Law Theories
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water ' His friend looks at him with great scepticism: 'Water? What's that? Show me some water ' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any p...
Separating Powers: International Law before National Courts
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Defending Checks and Balances in EU Member States
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Strengthening the Rule of Law in Europe
Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.
Routledge Handbook of Election Law
Governments need rules, institutions, and processes to translate the will of the people into functioning democracies. Election laws are the rules that make that happen. Yet across the world various countries have crafted different rules regarding how elections are conducted, who gets to vote, who is allowed to run for office, what role political parties have, and what place money has in the financing of campaigns and candidates. The Routledge Handbook of Election Law is the first major cross-national comparative reference book surveying the electoral practices and law of the major and emerging democracies across the world. It brings together the leading international scholars on election law and democracy, examining specific issues, topics, or the regions of the world when it comes to rules, institutions, and processes regarding how they run their elections. The result is a rich volume of research furthering the legal and political science knowledge about democracies and the challenges they face. Scholars interested in election law and democracy, as well as election officials, will find the Routledge Handbook of Election Law an essential reference book.
The Foundations of European Private Law
There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
Riven by Lust
Riven by Lust explores the tale of a man accused of causing the fundamental schism in early Indian Buddhism, but not before he has sex with his mother and kills his father. In tracing this Indian Buddhist Oedipal tale, Jonathan Silk follows it through texts in all of the major canonical languages of Buddhism, Sanskrit, Pali, Tibetan, Chinese, and Japanese, along the way noting parallels and contrasts with classical and medieval European stories such as the legend of the Oedipal Judas. Simultaneously, he investigates the psychological and anthropological understandings of the tale of mother-son incest in light of contemporary psychological and anthropological understandings of incest, with sp...
