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John Mceldowney

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

in Democratization through the looking-glass
Richard Parrish

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

in Sports law and policy in the European Union
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Hilary Charlesworth and Christine Chinkin

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

in The boundaries of international law
Richard Parrish

5 Sport and EU competition law In applying EU competition law to sport, the Directorate General for Competition Policy (herein referred to as the Commission) has been caught between three powerful forces. First, the Commission has a constitutional commitment to promote and protect the free market principles on which much of the Treaty of Rome is based. In this capacity it shares a close relationship with the ECJ. The ECJ’s rulings in Walrave, Donà and Bosman have played an important role in placing sport on the EU’s systemic agenda in a regulatory form. The

in Sports law and policy in the European Union
Hilary Charlesworth and Christine Chinkin

Introduction This chapter and the next examine various modes of international law- making to investigate the interests and perspectives they support. Here, we describe the law with respect to customary international law, general principles of law and subsidiary sources of law. Chapter 4 looks more specifically at the law of treaties. We deal with the traditional

in The boundaries of international law
Hilary Charlesworth and Christine Chinkin

Introduction This book uses feminist theories to sustain its claim that the absence of women in international law has distorted the discipline’s boundaries. The aim of this chapter is to introduce these theories and to consider their value in understanding international law. As a background to this task, we first discuss the theories that underpin traditional international

in The boundaries of international law
Determining the methodology
Olivier Corten and François Dubuisson

ceremoniously, and says in a calm but firm voice: ‘Since you refuse to abide by the laws of the civilised world, we must consider ourselves absolved from our duty to obey you. My officers will not do manual labour.’ ‘We shall see’ replies Colonel Saito. The renowned international humanitarian law specialist Eric David explains that this scene, which he saw when he was an adolescent, remained engraved in his memory, particularly as an expression of the Japanese official’s contempt for the law. 2 This anecdote has inspired a section dedicated to ‘International Law and

in Cinematic perspectives on international law
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Vagrancy and imperial legality in the trans-Tasman colonial world, 1860s–1914
Catharine Coleborne

This chapter adds to our understanding of ‘New Zealand’s empire’ in two ways: first, by suggesting that by the 1860s, New Zealand was forging a legal culture of its own inside an existing imperial world of law and legality; and second, by offering a new focus on the legal regulation of colonial mobility. Mobility has been explored by

in New Zealand’s empire
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Chartering English colonies on the American mainland in the seventeenth century
Christopher Tomlins

justify their activities. It is hardly novel to investigate things American as constructs of English law. Much of American historiography assumes English legal culture as a foundation, notably as a font of liberties more perfectly realized in a revolutionary America. Not for some considerable time has it been thought worth exploring whether the substance of the English template

in Law, history, colonialism

This long-awaited volume featuring contributions from top African international lawyers and voices from the continent critically explores the notion of international investment law from an African perspective. It does so by confronting some of the very hard questions with regard to the relationship between international investment and development that have either eluded or not been properly addressed in contemporary scholarships. After many years of popularity, investment treaties have recently caused increasing concern among States, most prominently for the unbalanced nature of their content, the often inadequate safeguard of the regulatory powers of the host State and the shortcomings of international investment arbitration. Some States have upgraded their investment treaties, others have revised their investment treaty model, and others have opted for facilitation agreements. This innovative monograph critically explores all these contentious issues from a multidisciplinary perspective.