Global Governance And International Law
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Private International Law And Global Governance
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Author : Horatia Muir Watt
language : en
Publisher:
Release Date : 2014
Private International Law And Global Governance written by Horatia Muir Watt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
The Law Of Global Governance
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Author : Eyal Benvenisti
language : en
Publisher: BRILL
Release Date : 2014-07-02
The Law Of Global Governance written by Eyal Benvenisti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-02 with Law categories.
Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.
Governance And International Legal Theory
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Author : I.F. Dekker
language : en
Publisher: Springer
Release Date : 2014-11-14
Governance And International Legal Theory written by I.F. Dekker and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-14 with Law categories.
This book discusses the above-mentioned topics from a multidisciplinary perspective.
The International Legal Order In Global Governance
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Author : Alain Germeaux
language : en
Publisher: Springer Nature
Release Date : 2022-10-18
The International Legal Order In Global Governance written by Alain Germeaux and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-18 with Political Science categories.
The space occupied by international law in shaping political action is subject to continuing debate and controversy. This book aims to answer the question of how and why international law impacts the behaviour of actors on the international stage in the absence of central authority and faced with asymmetric power. At a time when the role of normative restraints in international relations, and international law in particular, has come under renewed questioning, it advances an analytical framework for understanding the effect of norms on behaviour that is not contingent on material restraints or a given political constellation, while being informed by the practical realities and practice of international organisation. In doing so, this book draws on an interdisciplinary range of sources, including international law, political theory, cognitive psychology and behavioural economics to explore a communicative action-based approach of how norms and ideas persuade actors to engage in a course of action consonant with international law to achieve a particular outcome. In probing the role of norms on questions such as the use of force and accountability, and issues of equity and justice, it examines the challenges international law faces and what the way forward may look like.
International Law And Global Governance
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Author : Lisa Wegener
language : en
Publisher: GRIN Verlag
Release Date : 2008-06-11
International Law And Global Governance written by Lisa Wegener and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-11 with Political Science categories.
Seminar paper from the year 2008 in the subject Politics - General and Theories of International Politics, University of Applied Sciences Bremen, course: Inter- and transnational Relations, language: English, abstract: Vorstellung der Konzepte Völkerrecht und Global Governance, Untersuchung von Gemeinsamkeiten und Unterschieden sowie Beurteilung der Realisierbarkeit
The Rule Of Law In Global Governance
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Author : Monika Heupel
language : en
Publisher: Springer
Release Date : 2016-11-08
The Rule Of Law In Global Governance written by Monika Heupel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-08 with Political Science categories.
This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.
International Law In The 21st Century
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Author : Christopher C. Joyner
language : en
Publisher: Rowman & Littlefield
Release Date : 2005
International Law In The 21st Century written by Christopher C. Joyner and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.
Global Governance Human Rights And International Law
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Author : Errol P. Mendes
language : en
Publisher: Routledge
Release Date : 2014-02-05
Global Governance Human Rights And International Law written by Errol P. Mendes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-05 with Law categories.
This book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, Errol P. Mendes argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. The book explores how human rights and international law are applied in some of the critical institutions of global governance and in the operations of the global private sector, and how States, institutions and global civil society struggle to fight this ‘tragic flaw’. The book is brought up to date by considering developments in the role of the IMF, the World Bank, bilateral investment treaties; the likely failure of the Doha round of WTO negotiations; the legacy of the 2008 financial crisis; and the role of the International Criminal Court and the evolving Responsibility to Protect doctrine in international peace and security crises in the Middle East, Central and West Africa among other regions of the world. With its intensely interdisciplinary approach, this book motivates new thinking in the realm of global governance and international law, and promotes the development of new strategies for negotiating between conflicting leadership and organisational values within global institutions. The book will be of great interest and use to students and researchers of public international law, international relations and political science, business and human rights, global governance and international trade and economic law.
International Law And Global Governance
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Author : Alexandra R. Harrington
language : en
Publisher: Routledge
Release Date : 2021-03-29
International Law And Global Governance written by Alexandra R. Harrington and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Business & Economics categories.
This book explores the methods through which international law and its associated innovative global governance mechanisms can strengthen, foster and scale up the impacts of treaty regimes and international law on the ability to implement global governance mechanisms. Examining these questions through the lens of the Sustainable Development Goals (SDGs), the book looks at environmental, social and economic treaty regimes. It analyses legal methodologies as well as comparative methods of assessing the relationship between the SDGs and treaty regimes and international law. Contradictions exist between international treaty regimes and principles of international law resulting in conflicting implementation of the treaty regimes and of global governance mechanisms. Without determining these areas of contest and highlighting their detrimental impacts, the SDGs and other efforts at global governance cannot maximize their legal and societal benefits. The book concludes by suggesting a path forward for the SDGs and for international treaty regimes that is forged in a solid understanding and application of the advantages of global governance mechanisms, including reflections from the COVID-19 pandemic experience. Addressing the strengths, gaps and weaknesses related to treaty regimes and global governance mechanisms, the book provides readers with a comprehensive understanding of this increasingly important topic. It will be of interest to students, researchers and practitioners with an interest in sustainability and law.
Normative Pluralism And International Law
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Author : Jan Klabbers
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-22
Normative Pluralism And International Law written by Jan Klabbers and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-22 with Law categories.
This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.