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100 DISCIPLINES 7 Law john mceldowney This chapter offers a legal perspective on democratization by focusing on a tightly linked set of issues straddling the border between political and judicial power as they have arisen in, first, the United Kingdom, second, Britain’s relationship with the European Union, and third, the wider international system. The discussion illustrates the claim that no analysis of democratization can be complete without taking into account the dimension of judicial power and its implications for democratic accountability even, perhaps
27 Sources of treaty law The general rules of treaty law can be found in: the 1969 Vienna Convention on the Law of Treaties (VCLT). This lays down the legal rules governing treaties between states; the Vienna Convention on the Law of Treaties between States and International Organizations or between
120 The internationalisation of environmental law The recognition of the existence of a general cross-border environmental problem has led to an internationalisation of environmental law. International environmental law is characterised by: an increasing recognition of environmental law principles at the
6 Reconciling sport and law The EU has been characterised as a regulatory state (Majone 1996). Embedded within the EU’s constitutional and normative structure is a predisposition for the promulgation and enforcement of rules. In other words, the forces of negative as opposed to positive integration have historically driven the integration process (Pinder 1968, 1993). Knowledge about regulation and not budgets or votes has been the key resource EU officials have striven for. Yet knowledge has a ‘dark side’ – technocracy (Radaelli 1999b: 758) – and this
Introduction Treaties have become increasingly important throughout the twentieth century as a means of securing states’ commitment to legal obligations. 1 The major advantages of treaties as a source of international law are perceived to be the certainty of a written text and the comparative ease of determining the parties. The wide acceptance of the Vienna Convention on
114 The development of international economic law International economic law developed after 1945 on the basis of an increasing number of regional and global treaties and organisations. Economic growth was paramount until 1970. After that, international economic law started to pay attention to the consequences of free trade and economic growth on
104 Development and character of international criminal law The foundations of international criminal law were laid after the Second World War in the indictments of leaders and soldiers from Nazi Germany, soldiers from Japan, and the Nuremberg and Tokyo trials. After 1990 the conflicts in Yugoslavia and Rwanda led to the establishment of the Yugoslavia Tribunal and the
14 International legal personality International legal personality is an international public law status that may confer certain rights and obligations. Based on international legal personality: international rights and obligations can be obtained; other international legal persons may be held
-ordination has been achieved, it has rested firmly on classical international law understandings of sovereignty and jurisdiction, and the activities of states in the tax field appear to reaffirm rather than upset in any way these notions. In this chapter, an outline will be given of the traditional bases of state jurisdiction and of the limitations on tax jurisdiction stemming from principles of customary
If EU law has been given less attention by experts, and despite allegations of intellectual property theft between European States themselves, it appears – perhaps paradoxically – that it does not prohibit State-sponsored cyber-espionage. If Articles 3 and 39 of the TRIPS, which deal with ‘national treatment’ and the ‘protection of undisclosed