International Law and its Discontents PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download International Law and its Discontents PDF full book. Access full book title International Law and its Discontents by Barbara Stark. Download full books in PDF and EPUB format.
Author: Barbara Stark
Publisher: Cambridge University Press
ISBN: 131629899X
Category : Law
Languages : en
Pages :
Get Book
Book Description
In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the major source of human unhappiness, inhibiting instincts and generating guilt. In Globalization and its Discontents, Joseph Stiglitz shows how the 'economic architecture' that produced globalization has also driven the backlash against it. This book brings together some of international law's most outspoken 'discontents'; those who situate their malaise in international law itself. Their shared objective is to expose international law's complicity in the ongoing economic and financial global crises and to assess its capacity - and its will - to constructively address them. Some, like Freud, view that which holds us together as an inevitable source of discontent. Others, like Stiglitz, draw on the energy of the backlash. How have these crises affected particular groups, sovereign states, and international law itself? How have they responded? When does crisis serve as a catalyst, and for what?
Author: Barbara Stark
Publisher: Cambridge University Press
ISBN: 131629899X
Category : Law
Languages : en
Pages :
Get Book
Book Description
In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the major source of human unhappiness, inhibiting instincts and generating guilt. In Globalization and its Discontents, Joseph Stiglitz shows how the 'economic architecture' that produced globalization has also driven the backlash against it. This book brings together some of international law's most outspoken 'discontents'; those who situate their malaise in international law itself. Their shared objective is to expose international law's complicity in the ongoing economic and financial global crises and to assess its capacity - and its will - to constructively address them. Some, like Freud, view that which holds us together as an inevitable source of discontent. Others, like Stiglitz, draw on the energy of the backlash. How have these crises affected particular groups, sovereign states, and international law itself? How have they responded? When does crisis serve as a catalyst, and for what?
Author: Oliver Gerstenberg
Publisher: Oxford University Press
ISBN: 019257115X
Category : Law
Languages : en
Pages : 192
Get Book
Book Description
This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.
Author: Barbara Stark
Publisher:
ISBN: 9781316329160
Category : Comparative law
Languages : en
Pages : 308
Get Book
Book Description
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
ISBN: 178254612X
Category : Political Science
Languages : en
Pages : 240
Get Book
Book Description
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Author: Rain Liivoja
Publisher: Routledge
ISBN: 1135116059
Category : Law
Languages : en
Pages : 411
Get Book
Book Description
This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.
Author: José E. Alvarez
Publisher: BRILL
ISBN: 9004328408
Category : Business & Economics
Languages : en
Pages : 488
Get Book
Book Description
The Impact of International Organizations on International Law by Jose Alvarez addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law
Author: Joseph E. Stiglitz
Publisher: W. W. Norton & Company
ISBN: 0393071073
Category : Business & Economics
Languages : en
Pages : 304
Get Book
Book Description
This powerful, unsettling book gives us a rare glimpse behind the closed doors of global financial institutions by the winner of the 2001 Nobel Prize in Economics. When it was first published, this national bestseller quickly became a touchstone in the globalization debate. Renowned economist and Nobel Prize winner Joseph E. Stiglitz had a ringside seat for most of the major economic events of the last decade, including stints as chairman of the Council of Economic Advisers and chief economist at the World Bank. Particularly concerned with the plight of the developing nations, he became increasingly disillusioned as he saw the International Monetary Fund and other major institutions put the interests of Wall Street and the financial community ahead of the poorer nations. Those seeking to understand why globalization has engendered the hostility of protesters in Seattle and Genoa will find the reasons here. While this book includes no simple formula on how to make globalization work, Stiglitz provides a reform agenda that will provoke debate for years to come. Rarely do we get such an insider's analysis of the major institutions of globalization as in this penetrating book. With a new foreword for this paperback edition.
Author: Jose Luis Marti
Publisher: Routledge
ISBN: 1351945467
Category : Political Science
Languages : en
Pages : 296
Get Book
Book Description
Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. Its contributions' focus on discontent, provide a critical assessment of the benefits of deliberation and also respond to the strongest criticisms of the idea of democratic deliberation. The essays consider the three basic questions of why, how and where to deliberate democratically. This book will be of value not only to political and democratic theorists, but also to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and post-national pluralistic polities.
Author: William Rasch
Publisher: Psychology Press
ISBN: 1859419844
Category : Law
Languages : en
Pages : 158
Get Book
Book Description
Arguing for the centrality of conflict in any notion of the political, this book puts forward the case for the logical and/or ontological primacy of violence over 'peace'.
Author: Herring, Jonathan
Publisher: Policy Press
ISBN: 1529204690
Category : Law
Languages : en
Pages : 292
Get Book
Book Description
Court decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become. This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole. Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers. Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.
