Últimas Actualizaciones del Evento
Petros Mavroidis (Columbia Univ. – Law) has published the second edition of Trade in Goods (Oxford Univ. Press 2012). Here’s the abstract:
This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice.
It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent ‘incomplete contracts’, realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO’s case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. Leer el resto de esta entrada »
Alter: The Multiple Roles of International Courts and Tribunals: Enforcement, Dispute Settlement, Constitutional and Administrative Review
Karen J. Alter (Northwestern Univ. – Political Science) has posted The Multiple Roles of International Courts and Tribunals: Enforcement, Dispute Settlement, Constitutional and Administrative Review (in International Law and International Relations: Synthesizing Insights from Interdisciplinary Scholarship, Jeffrey L. Dunoff & Mark A. Pollack eds., forthcoming). Here’s the abstract:
This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional review jurisdiction to ICs based on a coding of legal instruments defining the jurisdiction of 25 ICs. I show how the design of ICs varies by judicial role and argue that the delegation of multiple roles to ICs helps explain the shift in IC design to include compulsory jurisdiction and access for nonstate actors to initiate litigation.
I am interested in the multiple roles ICs play because they allow us to appreciate the many different contributions ICs make to international politics. ICs do oversee state compliance with international agreements, but this is not all they do. Finally, I explain the relevance of this analysis for two prevalent debates regarding ICs; 1) whether we should conceive of ICs as Agents or Trustees and 2) whether compulsory jurisdiction and private litigant access for ICs inherently features undermine national sovereignty.
Source: International Law Reporter
Larry Catá Backer
The Pennsylvania State University Dickinson School of Law
July 1, 2012
CPE Working Paper No. 2012-7
Global law can be understood as the systematization of anarchy, as the management of a loosely intertwined universe of autonomous governance frameworks operating dynamically across borders and grounded in functional differentiation among governance communities. Global law is a way of pointing to an emerging universe of systems that share characteristics and whose interactions lend them to organization; it is the as the law of non-state governance systems. The structure of global law can be understood as an amalgamation of four fundamental characteristics that together define a new order in form that is, in some respects, the antithesis of the orderliness and unity of the law-state system it will displace (though not erase).
The essay considers the structure of global law in this context, understood as an amalgamation of four fundamental characteristics that together define a new order in form that is, in some respects, the antithesis of the orderliness and unity of the law-state system it will displace (though not erase). These four fundamental characteristics — fracture, fluidity, permeability, and polycentricity — comprise the fundamental structure of global law. Fracture, fluidity, permeability and polycentricity are the basic characteristics of global law, the systematization of which marks its field boundaries. These also serve as the structural foundations of its constitutional element, its substantive element, and its process element. Leer el resto de esta entrada »
Andrew Legg (Essex Court Chambers) has published The Margin of Appreciation in International Human Rights Law: Deference and Proportionality (Oxford Univ. Press 2012). Here’s the abstract:
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation?
This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice.
Source: International Law Reporter
The call for panels for the 2013 Commission on Legal Pluralism (CLP) conference is closing on August 3, 2012.
This conference is organized in conjunction with the IUAES Congress entitled ‘Evolving Humanity, Emerging Worlds’ in Manchester (UK), and will take place on August 5-10, 2013 (see http ://www . iuaes2013 . org/).
Please directly upload your title, a short abstract of less than 300 characters, and a long abstract of less than 250 words, via the IUAES online proposal form. The URL for that form is:
http ://www . nomadit . co . uk/iuaes/iuaes2013/panelproposal . php5. The IUAES will not be able to accept panel proposals after that date. Please also note that the title should be appended (IUAES Commission on Legal Pluralism). Leer el resto de esta entrada »
After decades of democratization across Eastern Europe and Latin America and now the democratic elections taking place in countries like Egypt and Libya in the wake of the Arab Spring revolutions – one could be forgiven for thinking that the world is fast becoming a remarkably democratic place.
Sadly, however, this is not the case. Democracy may have grown in form, yet it is retracting in substance. Citizens of many countries have fought so hard for democracy in its traditional sense of free and fair elections and representative politicians, only to discover that, meanwhile, the world has changed so much that this type of democracy – Democracy 1.0 – no longer makes much sense in the globalized, interconnected, borderless world in which we now live.
As Argentinean writer and former politician Fernando Iglesias recently declared – “everything has gone global except democracy.” We have a global marketplace, global communications, global institutions, global risks like climate change, and a global financial crisis.
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Reviewed by Gerd Hankel, Research Fellow, Hamburg Institute for Social Research
In Ruti Teitel’s view there is absolutely no doubt that we live in a world in which legal relationships are undergoing ever more significant change, a fact of which she informs the reader right at the beginning of her book. States alone are no longer the main actors; instead persons and peoples are assuming greater prominence. Their interests and needs for protection increasingly dictate the content of international law which is becoming humanity’s law as a result.
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