human rights and the private sphere vol 1 a comparative study ut austin studies in foreign and transnational law

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Human Rights And The Private Sphere Vol 1

Author : Jörg Fedtke
ISBN : 9781134099795
Genre : Law
File Size : 50. 51 MB
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Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

Human Rights And The Private Sphere

Author : Jorg Fedtke
ISBN : 0415443512
Genre : Law
File Size : 54. 64 MB
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Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study, focusing primarily on civil and political rights, analyzes the interaction between constitutional rights and freedoms and private law.

Judicial Recourse To Foreign Law

Author : Basil Markesinis
ISBN : 9781135848033
Genre : Law
File Size : 30. 68 MB
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Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.

The Limits Of Transnational Law

Author : Hélène Lambert
ISBN : 9780521198202
Genre : Law
File Size : 66. 25 MB
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A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

The Eu And Human Rights

Author : Philip Alston
ISBN : 0198298064
Genre : Law
File Size : 50. 5 MB
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For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

Dividing The Isthmus

Author : Ana Patricia Rodríguez
ISBN : 9780292719095
Genre : Literary Criticism
File Size : 49. 96 MB
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In 1899, the United Fruit Company (UFCO) was officially incorporated in Boston, Massachusetts, beginning an era of economic, diplomatic, and military interventions in Central America. This event marked the inception of the struggle for economic, political, and cultural autonomy in Central America as well as an era of homegrown inequities, injustices, and impunities to which Central Americans have responded in creative and critical ways. This juncture also set the conditions for the creation of the Transisthmus—a material, cultural, and symbolic site of vast intersections of people, products, and narratives. Taking 1899 as her point of departure, Ana Patricia Rodríguez offers a comprehensive, comparative, and meticulously researched book covering more than one hundred years, between 1899 and 2007, of modern cultural and literary production and modern empire-building in Central America. She examines the grand narratives of (anti)imperialism, revolution, subalternity, globalization, impunity, transnational migration, and diaspora, as well as other discursive, historical, and material configurations of the region beyond its geophysical and political confines. Focusing in particular on how the material productions and symbolic tropes of cacao, coffee, indigo, bananas, canals, waste, and transmigrant labor have shaped the transisthmian cultural and literary imaginaries, Rodríguez develops new methodological approaches for studying cultural production in Central America and its diasporas. Monumental in scope and relentlessly impassioned, this work offers new critical readings of Central American narratives and contributes to the growing field of Central American studies.

The Political Economy Of The Investment Treaty Regime

Author : Jonathan Bonnitcha
ISBN : 9780192529831
Genre : Business & Economics
File Size : 75. 71 MB
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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Critical Perspectives On International Education

Author : Yvonne Hébert
ISBN : 9789460919060
Genre : Education
File Size : 38. 26 MB
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In rapidly globalizing spaces of life, any research project on international education would necessarily have multi-directional emphases, with the quality of observations and analyses reflecting the expanding political, economic and cultural intersections which characterize this potentially promising century. To respond to these emerging learning and living contexts of our world, this book brings together some of the most active and established scholars in the field. As such, the book represents important epistemic interventions that analyze and critique the institutional, socio-economic, linguistic and pedagogical platforms of international education. As the locus of international education cannot be detached from the pragmatics of social development, the specific recommendations embedded in this book expand the debates and broaden the boundaries of learning projects that should enhance the lives of people, especially those who are continually marginalized by the regimes of globalization. Thus, the book actively advocates for possibilities of human well-beings via different formats of education in diverse locations of life. “Critical Perspectives on International Education offers a historically comprehensive, intellectually honest, and perspective-rich scholarly exploration of a new education-globalization dynamic. This book courageously offers up diverse voices, gathered into a robust and useful conversation regarding global education. This book adds greatly to understanding why educational marketplaces must be driven by principles and practices that empower diverse peoples, to secure sustainable knowledge benefits that contribute to personal, local, national and international well-being. This critical perspective reader will engage scholars, researchers and citizens.” Jim Paul, University of Calgary “In the current intensifications of globalization and its resulting inequalities, it is crucial to better understand the role of knowledge creation and knowledge dissemination. Should knowledge be only a commodity to be sold in the market and a tool to increase economic capital, or should it be a shared sociocultural capital aimed at improving democracy and the common good? In Critical Perspectives on International Education, Yvonne Hébert and Ali A. Abdi assemble an impressive array of contributions from all over the world that address this question from a variety of critical perspectives and case studies. I recommend this book to everyone interested in the connections between education, citizenship development and human well-being.” Daniel Schugurensky, Arizona State University

Human Rights As Social Construction

Author : Benjamin Gregg
ISBN : 9781139505413
Genre : Political Science
File Size : 74. 80 MB
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Most conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God, or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an alternative; he sees human rights as locally developed, freely embraced, and indigenously valid. Human rights, he posits, can be created by the average, ordinary people to whom they are addressed, and that they are valid only if embraced by those to whom they would apply. To view human rights in this manner is to increase the chances and opportunities that more people across the globe will come to embrace them.

The Oxford Handbook Of Comparative Constitutional Law

Author : Michel Rosenfeld
ISBN : 9780191640179
Genre : Law
File Size : 52. 51 MB
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

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