Mayo Moran
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199231942
- eISBN:
- 9780191716140
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231942.003.0008
- Subject:
- Law, Public International Law
This chapter discusses the emergence and consequences of the notion of the influential authority of international law. It argues that much of our thinking on the relationship between international ...
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This chapter discusses the emergence and consequences of the notion of the influential authority of international law. It argues that much of our thinking on the relationship between international and domestic legal orders is erroneously based on the bindingness of international law. Whereas that standard account may leave little room for breaking out of an essentially dualistic paradigm, a more substance-based conception of international law allows for a richer account of the relevance of international norms in domestic settings and indeed makes formal separations between legal orders largely irrelevant.Less
This chapter discusses the emergence and consequences of the notion of the influential authority of international law. It argues that much of our thinking on the relationship between international and domestic legal orders is erroneously based on the bindingness of international law. Whereas that standard account may leave little room for breaking out of an essentially dualistic paradigm, a more substance-based conception of international law allows for a richer account of the relevance of international norms in domestic settings and indeed makes formal separations between legal orders largely irrelevant.
Erika de Wet
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199694907
- eISBN:
- 9780191731914
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694907.003.0024
- Subject:
- Law, Public International Law
South Africa's track-record of receiving international law into the domestic legal order since the introduction of the new constitutional order in 1994 is mixed. On one hand, the Constitution of 1996 ...
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South Africa's track-record of receiving international law into the domestic legal order since the introduction of the new constitutional order in 1994 is mixed. On one hand, the Constitution of 1996 is very receptive to international law, notably as a guideline for interpretation. Courts are also keen to use international human rights instruments as a guideline for interpreting the Constitution, even though their methodology in this regard is open to criticism. On the other hand, the courts are much more reluctant to resort to international law as an instrument of interpretation in areas outside human rights law. Parliament's track-record in implementing non-self-executing and non-technical treaties is inconsistent.Less
South Africa's track-record of receiving international law into the domestic legal order since the introduction of the new constitutional order in 1994 is mixed. On one hand, the Constitution of 1996 is very receptive to international law, notably as a guideline for interpretation. Courts are also keen to use international human rights instruments as a guideline for interpreting the Constitution, even though their methodology in this regard is open to criticism. On the other hand, the courts are much more reluctant to resort to international law as an instrument of interpretation in areas outside human rights law. Parliament's track-record in implementing non-self-executing and non-technical treaties is inconsistent.
James W Nickel
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199656769
- eISBN:
- 9780191748073
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199656769.003.0009
- Subject:
- Law, Criminal Law and Criminology
This chapter examines the features of restraining orders (ROs). The first section analyses ROs as part of preventive law. Quarantine orders and domestic restraining orders are discussed as examples ...
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This chapter examines the features of restraining orders (ROs). The first section analyses ROs as part of preventive law. Quarantine orders and domestic restraining orders are discussed as examples of ROs. The second section explores the impact of ROs on personal liberty broadly conceived. The third section considers whether and how ROs can be compatible with human rights to fundamental freedoms. The fourth section addresses the question of what sorts of procedural protections ROs should have. It argues that the grounds for due process protections in criminal law also provide reasons for substantial — but not identical — procedural protections for the initiation and review of ROs. The old idea that the procedural requirements for a case depend on whether it is ‘civil’ or ‘criminal’ should be abandoned. The final section offers a brief discussion of the efficacy of ROs.Less
This chapter examines the features of restraining orders (ROs). The first section analyses ROs as part of preventive law. Quarantine orders and domestic restraining orders are discussed as examples of ROs. The second section explores the impact of ROs on personal liberty broadly conceived. The third section considers whether and how ROs can be compatible with human rights to fundamental freedoms. The fourth section addresses the question of what sorts of procedural protections ROs should have. It argues that the grounds for due process protections in criminal law also provide reasons for substantial — but not identical — procedural protections for the initiation and review of ROs. The old idea that the procedural requirements for a case depend on whether it is ‘civil’ or ‘criminal’ should be abandoned. The final section offers a brief discussion of the efficacy of ROs.
Cedric Ryngaert
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199544714
- eISBN:
- 9780191719943
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199544714.003.0002
- Subject:
- Law, Public International Law
Under public international law, two approaches could be taken to the question of jurisdiction. Either one allows States to exercise jurisdiction as they see fit, unless there is a prohibitive rule to ...
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Under public international law, two approaches could be taken to the question of jurisdiction. Either one allows States to exercise jurisdiction as they see fit, unless there is a prohibitive rule to the contrary, or one prohibits States from exercising jurisdiction as they see fit, unless there is a permissive rule to the contrary. The first approach was taken by the PCIJ in the 1927 Lotus case. The second has been taken by most States and the majority of the doctrine. Under this approach, States are not authorized to exercise their jurisdiction, unless they could rely on such permissive principles as the territoriality, personality, protective, and universality principles. It is unclear which doctrine has the upper hand.Less
Under public international law, two approaches could be taken to the question of jurisdiction. Either one allows States to exercise jurisdiction as they see fit, unless there is a prohibitive rule to the contrary, or one prohibits States from exercising jurisdiction as they see fit, unless there is a permissive rule to the contrary. The first approach was taken by the PCIJ in the 1927 Lotus case. The second has been taken by most States and the majority of the doctrine. Under this approach, States are not authorized to exercise their jurisdiction, unless they could rely on such permissive principles as the territoriality, personality, protective, and universality principles. It is unclear which doctrine has the upper hand.
Ji-Young Lee
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780231179744
- eISBN:
- 9780231542173
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231179744.001.0001
- Subject:
- Political Science, International Relations and Politics
Many have viewed the tribute system as China's tool for projecting its power and influence in East Asia, treating other actors as passive recipients of Chinese domination. China's Hegemony sheds new ...
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Many have viewed the tribute system as China's tool for projecting its power and influence in East Asia, treating other actors as passive recipients of Chinese domination. China's Hegemony sheds new light on this system and shows that the international order of Asia's past was not as Sinocentric as conventional wisdom suggests. Instead, throughout the early modern period, Chinese hegemony was accepted, defied, and challenged by its East Asian neighbors at different times, depending on these leaders' strategies for legitimacy among their populations. Focusing on China-Korea-Japan dynamics of East Asian international politics during the Ming and High Qing periods, Ji-Young Lee draws on extensive research of East Asian language sources, including records written by Chinese and Korean tributary envoys. She offers fascinating and rich details of war and peace in Asian international relations, addressing questions such as: why Japan invaded Korea and fought a major war against the Sino-Korean coalition in the late sixteenth century; why Korea attempted to strike at the Ming empire militarily in the late fourteenth century; and how Japan created a miniature tributary order posing as the center of Asia in lieu of the Qing empire in the seventeenth century.Less
Many have viewed the tribute system as China's tool for projecting its power and influence in East Asia, treating other actors as passive recipients of Chinese domination. China's Hegemony sheds new light on this system and shows that the international order of Asia's past was not as Sinocentric as conventional wisdom suggests. Instead, throughout the early modern period, Chinese hegemony was accepted, defied, and challenged by its East Asian neighbors at different times, depending on these leaders' strategies for legitimacy among their populations. Focusing on China-Korea-Japan dynamics of East Asian international politics during the Ming and High Qing periods, Ji-Young Lee draws on extensive research of East Asian language sources, including records written by Chinese and Korean tributary envoys. She offers fascinating and rich details of war and peace in Asian international relations, addressing questions such as: why Japan invaded Korea and fought a major war against the Sino-Korean coalition in the late sixteenth century; why Korea attempted to strike at the Ming empire militarily in the late fourteenth century; and how Japan created a miniature tributary order posing as the center of Asia in lieu of the Qing empire in the seventeenth century.
Sumit Ganguly and William R. Thompson
- Published in print:
- 2017
- Published Online:
- May 2017
- ISBN:
- 9780300215922
- eISBN:
- 9780300224993
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300215922.001.0001
- Subject:
- History, Indian History
This book offers an account of the ongoing struggles and instability of India's political and economic institutions. India's ascent as a formidable power on the world stage and its geopolitical ...
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This book offers an account of the ongoing struggles and instability of India's political and economic institutions. India's ascent as a formidable power on the world stage and its geopolitical ramifications have received much attention in recent years. The text delves into the intricate inner workings of this great Asian nation to reveal an Indian state struggling to maintain national security, domestic order, and steady fiscal growth despite weaknesses in its economic and political institutions. The sobering account questions India's perceived strengths and domestic and foreign policy initiatives, while focusing on the South Asian giant's infrastructural and economic growth problems, opposition to reform, and other important hurdles the nation has faced and will continue to face over the coming decade and beyond.Less
This book offers an account of the ongoing struggles and instability of India's political and economic institutions. India's ascent as a formidable power on the world stage and its geopolitical ramifications have received much attention in recent years. The text delves into the intricate inner workings of this great Asian nation to reveal an Indian state struggling to maintain national security, domestic order, and steady fiscal growth despite weaknesses in its economic and political institutions. The sobering account questions India's perceived strengths and domestic and foreign policy initiatives, while focusing on the South Asian giant's infrastructural and economic growth problems, opposition to reform, and other important hurdles the nation has faced and will continue to face over the coming decade and beyond.
