Charlotte Peevers
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199686957
- eISBN:
- 9780191766886
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199686957.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
What are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this ...
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What are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this process? And what role does the media have in mediating the interaction of international law and politics? This book provides a fresh and engaging answer to these questions. It introduces different actors to the study of international law in this context, in particular highlighting the importance of institutional actors and the role of the media. It takes a theoretical approach, informed by detailed empirical analysis of key case studies, which challenges the traditional distinction between the spheres of ‘the international’ and ‘the domestic’ in global affairs, and the role of international law in the making of public policy. The book specifically critiques the idea of the ‘politics of justification’, which argues that deploying international legal norms to justify governmental decisions resulting in the use of force necessarily constrains government actions, and leads to fewer instances of military intervention. The politics of justification, on this account, can be seen as a progressive practice, through which international law can become embedded in domestic societies. The book investigates the actors engaged in this justification, and the institutional contexts within which legal justification is articulated, interpreted, and contested. It argues that a detailed understanding of how that language is deployed, both in private and in public, is essential to gaining a deeper understanding of the role of international law in domestic politics.Less
What are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this process? And what role does the media have in mediating the interaction of international law and politics? This book provides a fresh and engaging answer to these questions. It introduces different actors to the study of international law in this context, in particular highlighting the importance of institutional actors and the role of the media. It takes a theoretical approach, informed by detailed empirical analysis of key case studies, which challenges the traditional distinction between the spheres of ‘the international’ and ‘the domestic’ in global affairs, and the role of international law in the making of public policy. The book specifically critiques the idea of the ‘politics of justification’, which argues that deploying international legal norms to justify governmental decisions resulting in the use of force necessarily constrains government actions, and leads to fewer instances of military intervention. The politics of justification, on this account, can be seen as a progressive practice, through which international law can become embedded in domestic societies. The book investigates the actors engaged in this justification, and the institutional contexts within which legal justification is articulated, interpreted, and contested. It argues that a detailed understanding of how that language is deployed, both in private and in public, is essential to gaining a deeper understanding of the role of international law in domestic politics.
José-Luis Fernández and Cristiano Gori
- Published in print:
- 2015
- Published Online:
- January 2017
- ISBN:
- 9781447305057
- eISBN:
- 9781447311539
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447305057.003.0001
- Subject:
- Earth Sciences and Geography, Urban Geography
Since the 90s, long-term care policies have undergone significant transformations across many countries. In some instances, these changes have been the outcome of major explicit policy goals. In ...
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Since the 90s, long-term care policies have undergone significant transformations across many countries. In some instances, these changes have been the outcome of major explicit policy goals. In others, new systems have come about through the accumulation of incremental changes. As a result, LTC policy reforms in the last decades across OECD countries offer a rich body of experience that should inform the design of strategies for improving equity and efficiency in the LTC systems of the future. Therefore, the main purpose of this book is to analyse the range of solutions adopted internationally about how to organise, regulate and fund LTC services in the face of the growing needs of ageing societies. By adopting a public policy approach, this book examines the impact that the measures taken by the different public actors involved in the funding, regulation and commissioning of LTC have on dependent older people with different needs and their carers.Less
Since the 90s, long-term care policies have undergone significant transformations across many countries. In some instances, these changes have been the outcome of major explicit policy goals. In others, new systems have come about through the accumulation of incremental changes. As a result, LTC policy reforms in the last decades across OECD countries offer a rich body of experience that should inform the design of strategies for improving equity and efficiency in the LTC systems of the future. Therefore, the main purpose of this book is to analyse the range of solutions adopted internationally about how to organise, regulate and fund LTC services in the face of the growing needs of ageing societies. By adopting a public policy approach, this book examines the impact that the measures taken by the different public actors involved in the funding, regulation and commissioning of LTC have on dependent older people with different needs and their carers.
Koen Lenaerts, Piet Van Nuffel, and Tim Corthaut
- Published in print:
- 2021
- Published Online:
- April 2022
- ISBN:
- 9780198851592
- eISBN:
- 9780191938429
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198851592.003.0016
- Subject:
- Law, EU Law
This chapter studies the main principles governing the relationships between the European Union's institutional actors. The European Union constitutes a level of government in its own right: ...
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This chapter studies the main principles governing the relationships between the European Union's institutional actors. The European Union constitutes a level of government in its own right: institutions of the Union draw up legislation which has to be implemented and complied with within the Member States. For the sound functioning of the Union, it is important to have clear rules on the normative relationship between acts adopted at Union level, on the one hand, and national law, on the other. From a political point of view, it is equally important to adequately organize the way in which the various interests existing both within the Member States and across borders are being reconciled through the interplay of the actors involved in Union decision-making. In this connection, attention should be paid to the specific interests which are structurally embodied in the various institutions of the Union and to the balance between institutions required by the Treaties.Less
This chapter studies the main principles governing the relationships between the European Union's institutional actors. The European Union constitutes a level of government in its own right: institutions of the Union draw up legislation which has to be implemented and complied with within the Member States. For the sound functioning of the Union, it is important to have clear rules on the normative relationship between acts adopted at Union level, on the one hand, and national law, on the other. From a political point of view, it is equally important to adequately organize the way in which the various interests existing both within the Member States and across borders are being reconciled through the interplay of the actors involved in Union decision-making. In this connection, attention should be paid to the specific interests which are structurally embodied in the various institutions of the Union and to the balance between institutions required by the Treaties.
Ruth L Okediji
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199684700
- eISBN:
- 9780191767562
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199684700.003.0009
- Subject:
- Law, Intellectual Property, IT, and Media Law
Global IP rights have expanded since the conclusion of the TRIPS Agreement, but new forms of responses and resistance to TRIPS implementation have emerged. This chapter highlights examples of legal ...
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Global IP rights have expanded since the conclusion of the TRIPS Agreement, but new forms of responses and resistance to TRIPS implementation have emerged. This chapter highlights examples of legal innovation in developing countries: interpretive and administrative techniques applied by courts and regulatory agencies in implementing IP norms; unprecedented resort to constitutional text to establish limits to IP rights; and the existence of domestic institutions sensitive to the demands of local public interest. Similarly, in the developed countries, judicial institutions have sought to balance dynamic welfare interests with expansive rights in virtually all IP subject-matter categories. These developments confirm that domestic policy prescriptions remain important bulwarks of resistance to strong species of IP globalization. The chapter suggests that a range of domestic institutions, methods, and tools for TRIPS implementation may prove a more effective constraint on the welfare-disrupting potential of the international IP system than the availability of text-based flexibilities.Less
Global IP rights have expanded since the conclusion of the TRIPS Agreement, but new forms of responses and resistance to TRIPS implementation have emerged. This chapter highlights examples of legal innovation in developing countries: interpretive and administrative techniques applied by courts and regulatory agencies in implementing IP norms; unprecedented resort to constitutional text to establish limits to IP rights; and the existence of domestic institutions sensitive to the demands of local public interest. Similarly, in the developed countries, judicial institutions have sought to balance dynamic welfare interests with expansive rights in virtually all IP subject-matter categories. These developments confirm that domestic policy prescriptions remain important bulwarks of resistance to strong species of IP globalization. The chapter suggests that a range of domestic institutions, methods, and tools for TRIPS implementation may prove a more effective constraint on the welfare-disrupting potential of the international IP system than the availability of text-based flexibilities.
