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International Responsibility Today : Essays in Memory of Oscar Schachter
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ISBN: 900414434X 9786610868773 1429453362 9047407709 1280868775 1433705885 9789004144347 9781429453363 Year: 2005 Publisher: Leiden; Boston : Brill | Nijhoff,

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Abstract

The law of international responsibility, a classic area of investigation in international law, has been attracting an ever increasing interest in recent times, as reflected also in the work of the International Law Commission on State responsibility and on responsibility of international organizations. The exploration of current trends in this important area is therefore an appropriate and timely subject for a book in memory of Oscar Schachter, a former United Nations official, Columbia Law School professor, ASIL President, and international lawyer of world-wide reputation, who died in December 2003. The editor of the book has assembled a team of thirty-six prominent international lawyers belonging to twenty different nationalities to write about different aspects of the law of international responsibility, from general issues to specific areas of the law (including responsibility before international courts and tribunals), with respect to both the law of State responsibility and responsibility of international organizations and other non-State actors. The result of this effort is a monographic volume (enriched by a biography and a list of publications of Oscar Schachter, and accompanied by a bibliography of all the works cited in the various contributions and an index for easier consultation), which will be of interest not only to the many admirers and friends of Oscar Schachter around the world, but also, more broadly, to international law academics and practitioners.

Borders, nationalism, and the African state
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ISBN: 1626371008 9781626371002 1588263401 9781588263407 1588264475 Year: 2005 Publisher: Boulder, Colo.

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Examines the impact of colonially imposed borders on the intertwined trajectories of ethnic conflict and state development in contemporary Africa.


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Een verkenning van de Europese grondwet en van het meerlaagse bestuur in de Europese Unie : bekrond met de vierde Emiel de Guchtprijs en de Cultuurprijs "Mevrouw Paternoster-van Genechten"
Authors: ---
ISBN: 9059587278 9789059587274 Year: 2005 Publisher: Brugge Die Keure

European and US constitutionalism
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ISBN: 0521854016 9780521854016 9780511493904 1107154960 0511182716 0511130775 0511300875 0511493908 1280416416 0511200471 0511129246 9780511130779 9780511129247 9781280416415 9786610416417 6610416419 9781107154964 9780511182716 9780511200472 9780511300875 Year: 2005 Publisher: Cambridge : Cambridge University Press,

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European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

The politics of constitutional review in Germany
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ISBN: 0521836476 0521111684 1107139708 0511170750 0511080700 0511297920 051151042X 1280421959 0511196261 051107994X 9780511080708 9780511079948 9780511510427 9786610421954 6610421951 9780521836470 9781107139701 9781280421952 9780511170751 9780511196263 9780511297922 9780521111683 Year: 2005 Volume: *10 Publisher: Cambridge : Cambridge University Press,

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Abstract

Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.

Beyond Camelot
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ISBN: 1282158511 9786612158513 1400826624 0691118086 9781400826629 0691133972 9780691133973 9780691118086 9780691133973 Year: 2005 Publisher: Princeton, N.J. Princeton University Press

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Abstract

This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government. These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess. Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity. This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones. Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding of government to keep pace with the transformation that government itself has undergone.

EU enlargement and the constitutions of Central and Eastern Europe
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ISBN: 0521607361 9780521607360 0521845416 9780521845410 9780511494901 1107152097 0511182198 0511126050 0511300131 0511494904 128045816X 0511199449 0511125194 9780511126055 9780511182198 9780511125195 9781107152090 9780511199448 9780511300134 Year: 2005 Publisher: Cambridge : Cambridge University Press,

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Abstract

In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

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