La Comunit Internazionale E La Questione Balcanica

Autore: Pasquale Iuso
Editore: Rubbettino Editore
ISBN: 9788849803167
Grandezza: 26,91 MB
Formato: PDF, ePub, Docs
Vista: 3813
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La Comunit Internazionale

Grandezza: 17,69 MB
Formato: PDF, ePub, Docs
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African Yearbook Of International Law Annuaire Africain De Droit International Volume 10 2002

Autore: Abdulqawi A. Yusuf
Editore: Martinus Nijhoff Publishers
ISBN: 9004138722
Grandezza: 63,50 MB
Formato: PDF
Vista: 2918
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"The African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. "The African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.

The Autonomy Of Community Law

Autore: R. Barents
Editore: Kluwer Law International
ISBN: 9041122516
Grandezza: 63,69 MB
Formato: PDF
Vista: 5811
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Does European Community law represent a new kind of transnational constitutional law? The question is important in the long term because it relates to the future of Europe. More immediately, it concerns the manner in which Community law is interpreted by courts. According to the case law of several national courts, Community law is a special form of international law, ultimately controlled by the Member States. According to the case law of the European Court of Justice, however, it is a form of constitutional law which cannot be controlled by national courts. In the European Court's case law the special nature of Community is described in terms of 'autonomy'. In this ground-breaking book, a major scholar of European law rigorously demonstrates that this concept arises organically from the origin, system and content of the European treaties; it is in fact an interpretation of Community law according to its own system, independent of national law. On this basis the book clearly explains what the special nature of Community law amounts to and the theoretical and practical consequences that follow from this interpretation. Professor Barents shows why Community law can be seen as a clear example of a new phenomenon: the emergence of non-national or global law, reflecting the reality that in the process of globalisation the nation-state begins to lose its control over the law applicable in its territory. In this stimulating context, many of the difficult issues that often arise in discussions of Community law are treated in depth, including the following: the relationship between national law and international law in general and the relationship between Community law and national law in particular (primacy, direct effect); the process of constitutionalisation of Community law; the 'battle' between national constitutional courts and the European Court of Justice; the significance of Community law for the law of the European Union; the 'penetration' of Community law into the national legal orders; the role of national courts in the application of Community law; the ultimate source of the powers of the Community; the extension of Community law to the fields of penal law and police cooperation; the significance of the internal market for Community law; the principle of uniform application and interpretation of Community law; and, Community law as a forerunner of global law. All relevant UK, German, French, Dutch, Spanish, Italian and US literature has been taken into account, as well as the case law of various national constitutional courts. On each issue and topic extensive bibliographies are contained in the footnotes. As the current intergovernmental conference deliberates on a constitution for the European Union, this new and seminal work by Professor Barents is of great significance. It is sure to be avidly consulted by academics and practitioners in Community law, the law of international organisations, international relations, and national constitutional law. The first edition of this book appeared in Dutch in 2000. For this first English edition, the text has been extensively revised to take new developments into account.

Theory Of International Law

Autore: Robert Kolb
Editore: Bloomsbury Publishing
ISBN: 1782258817
Grandezza: 71,26 MB
Formato: PDF
Vista: 1697
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This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.

The United Nations Charter As The Constitution Of The International Community

Autore: Bardo Fassbender
Editore: BRILL
ISBN: 9047428552
Grandezza: 12,57 MB
Formato: PDF, Kindle
Vista: 4555
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This book, written by one of the leading participants of the debate on a “constitutionalization” of international law, explains why the Charter of the United Nations must be understood as the constitution of the international community, and the legal consequences arising from that characterization.

The United Nations Convention On The Rights Of Persons With Disabilities

Autore: Valentina Della Fina
Editore: Springer
ISBN: 3319437909
Grandezza: 40,28 MB
Formato: PDF, Kindle
Vista: 7991
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This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.