Download or read book Contested Regime Collisions written by Kerstin Blome and published by . This book was released on 2016 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of regime collisions in international law combines theoretical contributions by leading scholars in the field and case studies.
Download or read book Contested Regime Collisions written by Kerstin Blome and published by Cambridge University Press. This book was released on 2016-04-21 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of innovative contributions to the study of legal pluralism in international and transnational law focuses on collisions and conflicts between an increasing number of institutional and legal orders, which can manifest themselves in contradictory decisions or mutual obstruction. It combines theoretical approaches from a variety of disciplines with theoretically informed case studies in order to further understanding of the phenomenon of regime collisions. By bringing together scholars of international law, legal philosophy, the social sciences and postcolonial studies from Latin America, the United States and Europe, the volume demonstrates that collisions between various institutional and legal orders affect different regions in different ways, highlights some of their problematic consequences, and identifies methods of addressing such collisions in a more productive manner.
Download or read book Contested Regime Collisions written by Kerstin Blome and published by Cambridge University Press. This book was released on 2016-04-21 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of regime collisions in international law combines theoretical contributions by leading scholars in the field with case studies.
Download or read book The WTO and the New Generation EU FTA Dispute Settlement Mechanisms written by Cornelia Furculiță and published by Springer Nature. This book was released on 2021-09-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
Download or read book Climate Change and Ocean Governance written by Paul G. Harris and published by Cambridge University Press. This book was released on 2019-02-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a multidisciplinary edited volume on policy dimensions of climate change for the world's oceans, for researchers, policymakers and activists.
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Download or read book International Arbitration and Global Governance written by Walter Mattli and published by OUP Oxford. This book was released on 2014-07-18 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.
Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Pues and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.
Download or read book Contesting the World written by Phil Orchard and published by Cambridge University Press. This book was released on 2024-06-06 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces an interpretation-contestation framework for comprehending the emergence, transformation, and legitimacy of international norms.
Download or read book The Law of Interactions Between International Organizations written by Henner Gött and published by Springer Nature. This book was released on 2021-02-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Download or read book Law Legal Expertise and EU Policy Making written by Emilia Korkea-aho and published by Cambridge University Press. This book was released on 2022-10-31 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.
Download or read book The Law of the Sea written by Nele Matz-Lück and published by Taylor & Francis. This book was released on 2022-09-19 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.
Download or read book The Bologna Process and its Global Strategy written by Hannah Moscovitz and published by Routledge. This book was released on 2020-05-21 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically reflects on the international function of the Bologna Process by exploring motivations and interests behind its ‘global strategy’ as well as how the reforms have been perceived and applied beyond Europe. Since its initiation in 1999, the Bologna Process has evolved into an important example of regional higher education policy coordination. Now with 48 signatory states both within and outside the European Union, the Bologna reforms have pushed forward an ambitious agenda for a European Higher Education Area (EHEA), and the EU specifically as it aims to consolidate its knowledge-economy. Alongside its regional focus, the Bologna Process has also promoted an international reach through its ‘global strategy’. Through this externalisation, the Bologna Process has become a point of reference for higher education internationalisation worldwide Featuring examples of Bologna’s ‘reach’ from Oceania to North America and in between, the book offers a timely contribution to the understanding of the reform’s global influence. As a whole the contributions offer important insights to the understanding and conceptualisation of the EU’s global influence, comparative regionalism and global higher education development more broadly. This book was originally published as a special issue of the European Journal of Higher Education.
Download or read book Armed Conflicts and the Environment written by Anne Dienelt and published by Springer Nature. This book was released on 2022-08-12 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.
Download or read book Global Climate Constitutionalism from below written by Manuela Niehaus and published by Springer Nature. This book was released on 2024-01-27 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
Download or read book International Law written by Jan Wouters and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.
Download or read book Coalitions of the Willing and International Law written by Alejandro Rodiles and published by Cambridge University Press. This book was released on 2018-08-30 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the role of the interplay between formality and informality in shaping the current state of international law.
