Church-State Relations in the Early American Republic, 1787–1846
Church-State Relations in the Early American Republic, 1787–1846

Author: James S Kabala

Publisher: Routledge

Published: 2015-10-06

Total Pages: 304

ISBN-13: 1317321006

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Americans of the Early Republic devoted close attention to the question of what should be the proper relationship between church and state. Kabala examines this debate across six decades and shows that an understanding of this period is not possible without appreciating the key role religion played in the formation of the nation.

The Antebellum Origins of the Modern Constitution
The Antebellum Origins of the Modern Constitution

Author: Simon J. Gilhooley

Publisher: Cambridge University Press

Published: 2020-10-29

Total Pages: 285

ISBN-13: 1108853412

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This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.

The Peaceful Settlement of Inter-State Cyber Disputes
The Peaceful Settlement of Inter-State Cyber Disputes

Author: Nicholas Tsagourias

Publisher: Bloomsbury Publishing

Published: 2024-11-14

Total Pages: 338

ISBN-13: 1509960929

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With cyberspace becoming a domain of inter-state conflict and confrontation, this book is one of the first studies of the ways in which international law can facilitate the peaceful settlement of inter-state cyber disputes. By employing theoretical and practical inquiries and analysis, the book examines the legal parameters of cyber dispute settlement; explores critical questions about the role of dispute settlement institutions and methods; and identifies and addresses related challenges. The book begins by considering the legal definition of a cyber dispute and the scope of the good faith obligation of states in settling their cyber disputes peacefully. It then examines the role of certain institutions (International Court of Justice, national courts, the EU, the Security Council) and methods (judicial, diplomatic, countermeasures, arbitration, conciliation, fact-finding) in the settlement of cyber disputes. It also discusses how data disputes can be settled and whether new and specialised mechanisms are needed. The book provides scholars, practitioners and law students with immediate knowledge and understanding of the role of international law in the peaceful settlement of cyber disputes, as well as how international dispute settlement as a discipline and practice can apply to this new field.

State Immunity in International Law
State Immunity in International Law

Author: Xiaodong Yang

Publisher: Cambridge University Press

Published: 2012-09-27

Total Pages: 941

ISBN-13: 1139576615

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The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.