The Privileges and Immunities of International Organizations in Domestic Courts
International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.
Globalization and International Law
This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
Global Administrative Law and EU Administrative Law
This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.
Participants in the International Legal System
The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.
'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics
Democracy at Risk
Voter turnout was unusually high in the 2004 U.S. presidential election. At first glance, that level of participation—largely spurred by war in Iraq and a burgeoning culture war at home—might look like vindication of democracy. If the recent past is any indication, however, too many Americans will soon return to apathy and inactivity. Clearly, all is not well in our civic life. Citizens are participating in public affairs too infrequently, too unequally, and in too few venues to develop and sustain a robust democracy. This important new book explores the problem of America's decreasing involvement in its own affairs. D emocracy at Risk reveals the dangers of civic disengagement for the future of representative democracy. The authors, all eminent scholars, undertake three main tasks: documenting recent trends in civic engagement, exploring the influence that the design of political institutions and public policies have had on those trends, and recommending steps that will increase the amount and quality of civic engagement in America. The authors focus their attention on three key areas: the electoral process, including elections and the way people get involved; the impact of location, including demographic shifts and changing development patterns; and the critical role of nonprofit organizations and voluntary associations, including the philanthropy that help keep them going. This important project, initially sponsored by the American Political Science Association, tests the proposition that social science has useful insights on the state of our democratic life. Most importantly, it charts a course for reinvigorating civic participation in the world's oldest democracy. The authors: Stephen Macedo (Princeton University), Yvette Alex-Assensoh (Indiana University), Jeffrey M. Berry (Tufts), Michael Brintnall (American Political Science Association), David E. Campbell (Notre Dame), Luis Ricardo Fraga (Stanford), Archon Fung (Harvard), William A. Galston (University of Maryland), Christopher F. Karpowitz (Princeton), Margaret Levi (University of Washington), Meira Levinson (Radcliffe Institute), Keena Lipsitz (California–Berkeley), Richard G. Niemi (University of Rochester), Robert D. Putnam (Harvard), Wendy M. Rahn (University of Minnesota), Keith Reeves (Swarthmore), Rob Reich (Stanford), Robert R. Rodgers (Princeton), Todd Swanstrom (Saint Louis University), and Katherine Cramer Walsh (University of Wisconsin).
Immunities in the Age of Global Constitutionalism
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
The Development and Effectiveness of International Administrative Law
This book contains essays addressing issues including: the role of international administrative law in the governance of international organizations, the contribution of international administrative tribunals, and problems of effectiveness and legitimacy in the design and operation of the institutions of international administrative law.
Beyond Human Rights
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Sex and the Constitution Sex Religion and Law from America s Origins to the Twenty First Century
There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.