Courts Crossing Borders: Blurring the Lines of Sovereignty

Front Cover
Mary L. Volcansek, John F. Stack
Carolina Academic Press, 2005 - 252 pages

Legal issues that have traditionally been treated as domestic are increasingly governed by transnational law and numerous obscure tribunals. This book acquaints students of law and politics with the largely unrecognized authority of transnational legal systems and the ways boundaries of national sovereignty are being eroded in the 21st century. The editors have skillfully organized their collection around issues dealing with both human rights and issues of trade and used a comparative approach to analyze the many court decisions, treaties, and legal agreements that affect national sovereignty. Among subject areas included are: Courts and Regional Trade Agreements, Dispute Resolution under NAFTA, and Universal Criminal Jurisdiction.

"This is an edited book that brings together in one highly readable place a crisp and engaging look at transnational courts in today's global world....In sum, Courts Crossing Borders is a quality effort that deserves careful reading. Enhancing a deeper understanding of this timely topic, it is a book that can be profitably studied by students, scholars, and the curious public." -- Law & Politics Book Review, 2005

From inside the book

 

Results 1-3 of 46

Page 143
... NAFTA member state , not a private party to the dispute or any other " interested parties , " may initiate such appeals . Furthermore , Article 1904 of the NAFTA specifically for- bids member states from enacting any legislation ...
Page 157
... NAFTA quasi - judicial pan- els ' apparent aspiration to function and to appear like common law courts , and thereby solidify their legitimacy and the legitimacy of the NAFTA dispute resolution process . Second , the binational panels ...
Page 158
... NAFTA as “ fast track ” legislation was a constitutional exercise of Congress's power under the Commerce Clause of Article I and did not have to be ratified under the Treaty Clause by a two- thirds majority of the Senate.34 Moreover ...

Where's the rest of this book?

Contents

Judicialization and Sovereignty Mary L Volcansek
11
Courts and Regional Trade Agreements Mary L Volcansek
23
The European Court of Justice
43
Copyright

14 other sections not shown

Common terms and phrases

Advisory Opinion Alec Stone Sweet American Convention Article 14 authority binational panels Bosnia-Herzegovina challenges claim Commission's constitutional constitutionalism Convention on Human Court H.R. Court of Human Court of Justice crimes against humanity democratic dispute resolution domestic economic enforcement established EU law Europe European Communities European Convention European Court European Union forced disappearance Former Yugoslavia free movement free trade Geneva Convention genocide Global Honduras Human Rights human rights regime Humanitarian Law Ibid ICTY institutions Inter-Am Inter-American Court International Criminal Court International Criminal Tribunal International Human Rights International Law issue Journal of International judges Judgment jurisprudence jus cogens Law Review legal order legitimacy Mass Rape NAFTA national courts norms Organization Oxford University Press Pinochet prosecution Prosecutor provides rules Sandholtz sentences sexual assault sexual violence sovereignty supranational tion tional torture transnational Treaty Trial Chamber United universal jurisdiction violations Volcansek War Crimes women World York

About the author (2005)

Mary Volcansek is a Professor of Political Science at Texas Christian University.

Bibliographic information

TitleCourts Crossing Borders: Blurring the Lines of Sovereignty
EditorsMary L. Volcansek, John F. Stack
PublisherCarolina Academic Press, 2005
Original fromthe University of Michigan
Digitized28 Oct 2008
ISBN1594600554, 9781594600555
Length252 pages
  
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