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Author: Salvatore Caserta Publisher: Oxford University Press, USA ISBN: 0198867999 Category : Law Languages : en Pages : 321
Book Description
This book explores the foundations and evolution of the four Latin American and Caribbean regional economic courts. It argues that local socio-political factors are often the decisive factor in influencing the direction of these Courts, rather than the formally delegated functions they were assigned when established.
Author: Salvatore Caserta Publisher: Oxford University Press, USA ISBN: 0198867999 Category : Law Languages : en Pages : 321
Book Description
This book explores the foundations and evolution of the four Latin American and Caribbean regional economic courts. It argues that local socio-political factors are often the decisive factor in influencing the direction of these Courts, rather than the formally delegated functions they were assigned when established.
Author: Paula Wojcikiewicz Almeida Publisher: Routledge ISBN: 1317511352 Category : Law Languages : en Pages : 342
Book Description
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Author: Maria Dakolias Publisher: World Bank Publications ISBN: 9780821336120 Category : Law Languages : en Pages : 96
Book Description
"Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.
Author: Paula Wojcikiewicz Almeida Publisher: Cambridge Scholars Publishing ISBN: 1443847038 Category : Law Languages : en Pages : 485
Book Description
This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.
Author: Mikael Rask Madsen Publisher: Oxford University Press ISBN: 0192515047 Category : Law Languages : en Pages : 450
Book Description
An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
Author: Gretchen Helmke Publisher: Cambridge University Press ISBN: 1139497162 Category : Political Science Languages : en Pages : 353
Book Description
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author: Marco Odello Publisher: Springer ISBN: 9462650691 Category : Law Languages : en Pages : 259
Book Description
This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters. The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law. The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines. Marco Odello, JD (Rome), LLM (Nottingham), PhD (Madrid) is a Reader in Law at Aberystwyth University, Wales, UK. Francesco Seatzu, JD (Cagliari), PhD (Nottingham) is Professor of International and European Law at the University of Cagliari, Sardinia, Italy.
Author: Jessica Almqvist Publisher: Routledge ISBN: 1136579265 Category : Law Languages : en Pages : 338
Book Description
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Author: Christian Leathley Publisher: Kluwer Law International B.V. ISBN: 9041124616 Category : Law Languages : en Pages : 442
Book Description
"As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America."--BOOK JACKET.
Author: Salvatore Caserta Publisher: Oxford University Press ISBN: 0192638254 Category : Law Languages : en Pages : 321
Book Description
This book provides the first in-depth and empirically grounded analysis of the foundations and evolution of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (MPRC). While these Courts were established to build common markets and to enforce trade liberalisation, they have often developed bodies of jurisprudence in domains not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and longstanding border disputes between the countries of the region; and the ATJ is an island of effective adjudication on intellectual property issues. The particular trajectories of these four Courts suggest that there is no universal formula for success. Challenging the mainstream account, this book argues that the Courts' operational path is not necessarily a function of their formally delegated competences or the will of the Member States. Rather, local socio-political contextual factors play a far more decisive role in influencing the direction of regional economic courts during and after their establishment.
Author: Salvatore Caserta
Author: Salvatore Caserta
Author: Paula Wojcikiewicz Almeida
Author: Maria Dakolias
Author: Paula Wojcikiewicz Almeida
Author: Mikael Rask Madsen
Author: Gretchen Helmke
Author: Marco Odello
Author: Jessica Almqvist
Author: Christian Leathley
Author: Salvatore Caserta