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 40

Page 31
... providing a means of punishing de- fection and enforcing cooperation.30 At times , the simple act of providing a forum for dispute settlement can motivate the parties to resolve their conflict without involving an outside third party ...
Page 32
... provide for softer forms of norm enforcement , such as NAFTA's inclusion of dispute settlement panels for some types of conflicts or mandatory use of the WTO mechanism for others . For example , a panel of scientific experts is included ...
Page 73
... provide insights into pro- visions for the free movement of goods as well as for the protection of the en ... provides a blanket justification for striking down member state provisions deemed restrictive of trade . Article 29 ...

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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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