Courts Crossing Borders: Blurring the Lines of SovereigntyLegal issues that have traditionally been treated as domestic are in-creasingly governed by transnational law and numerous obscure tri-bunals. 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. Included subject areas are: Courts and Regional Trade Agreements, Dispute Resolution under NAFTA, and Universal Criminal Jurisdiction. |
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Page 56
There are therefore powerful pragmatic and normative reasons not to adopt a hierarchical alternative imposing a monist authority of European law and its judicial institutions over national law , or vice versa .
There are therefore powerful pragmatic and normative reasons not to adopt a hierarchical alternative imposing a monist authority of European law and its judicial institutions over national law , or vice versa .
Page 79
Environmental measures still could not be justified under Article 36 ( now Article 30 ) or the Cassis rule of reason , nor could they be countenanced if they were discriminatory ; even so , the idea that environmental protection might ...
Environmental measures still could not be justified under Article 36 ( now Article 30 ) or the Cassis rule of reason , nor could they be countenanced if they were discriminatory ; even so , the idea that environmental protection might ...
Page 97
With this plausible reason in hand , the Court was unwilling to assume that the applicant might have been prosecuted on the basis of his ethnicity ( Section 83 ) .22 The most frequent reason that Article 14 claims fail to get full ...
With this plausible reason in hand , the Court was unwilling to assume that the applicant might have been prosecuted on the basis of his ethnicity ( Section 83 ) .22 The most frequent reason that Article 14 claims fail to get full ...
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Contents
Judicialization and Sovereignty Mary L Volcansek | 11 |
Transnational Courts | 17 |
Courts and Regional Trade Agreements Mary L Volcansek | 23 |
Copyright | |
17 other sections not shown
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actors acts Advisory agreements American application Article authority binational panels challenge Chapter charges claim Commission committed Common Market Community constitutional Convention Court of Human Court of Justice created crimes against humanity decisions determination direct dispute resolution domestic economic effect enforcement environmental established Europe European Court European Union example final forced Former free trade Global Human Rights ICTY important individuals institutions Integration Inter-American interests International Criminal International Law issue Journal judges Judgment judicial jurisdiction Law Review limited Market measures movement NAFTA nature norms noted Opinion organizations Oxford Oxford University Press panel parties persons policies political principle prosecution protection provides question rape regime regional Relations reports requires result Review rules sentences sexual social sovereignty statute Stone Sweet Studies supranational tion tional transnational Treaty Trial Tribunal United violations violence women World York