Download or read book The Law of Global Governance written by Eyal Benvenisti and published by BRILL. This book was released on 2014-06-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Law in the 21st Century written by Christopher C. Joyner and published by Rowman & Littlefield. This book was released on 2005 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Law and Global Governance written by Alexandra R. Harrington and published by Routledge. This book was released on 2021 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 treaties 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 forwards for the SDGs and for international treaty regimes that is forged in a solid understanding and application of the advantages of global governance mechanisms. Addressing the 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"--
Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Download or read book The Oxford Handbook of Climate Change and Society written by John S. Dryzek and published by OUP Oxford. This book was released on 2011-08-18 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change presents perhaps the most profound challenge ever confronted by human society. This volume is a definitive analysis drawing on the best thinking on questions of how climate change affects human systems, and how societies can, do, and should respond. Key topics covered include the history of the issues, social and political reception of climate science, the denial of that science by individuals and organized interests, the nature of the social disruptions caused by climate change, the economics of those disruptions and possible responses to them, questions of human security and social justice, obligations to future generations, policy instruments for reducing greenhouse gas emissions, and governance at local, regional, national, international, and global levels.
Download or read book International Law International Relations and Global Governance written by Charlotte Ku and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on collaborative work within the disciplines of international law and international relations, this text details efforts to collaborate and assess the cultivation of an interdisciplinary outlook.
Download or read book Global Civil Society in International Lawmaking and Global Governance written by Barbara Woodward and published by BRILL. This book was released on 2010-05-17 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law scholarship has not adequately recognised the magnitude of the role of ‘global civil society’ in ‘global governance’ and ‘international lawmaking.’ Building upon theoretical, historical and legal scholarship and presenting studies of GCS actor practice in a wide range of lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book convincingly demonstrates that GCS actors have created and influenced the creation of norms of binding public international law and influential non-binding ‘soft’ or non-law. It presents a compelling case that calls for augmenting GCS access to information, participation in legal decision-making processes for those likely to be affected, and access justice thereby enhancing the legitimacy of public international law.
Download or read book Grey Zones in International Economic Law and Global Governance written by Daniel Drache and published by UBC Press. This book was released on 2018-11-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 2008 economic meltdown, market-driven globalization has posed new challenges for governments. This collection introduces the innovative concept of “grey zones” of global governance, where international rules are bent or ignored. These zones are significant, contested spaces for state policy and market behaviour to interact with respect to trade, the environment, food security, and investment. Powerful incentives exist in the global economy for states to harmonize their policies through trade and investment agreements. But grey zones both promote uniformity in many areas of public life and facilitate diverse forms of capitalism in market societies. They enable governments to balance national and global economic benefits as they advance their core interests. At a time of growing nationalist sentiment, Grey Zones in International Economic Law and Global Governance explores creative local engagement with international economic law and offers a bold new way to understand public concerns about international trade and investment, food security, green energy, subsidies, and anti-dumping actions.
Download or read book International Law and Global Governance written by Alexandra R. Harrington and published by Routledge. This book was released on 2021-03-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ruling the World written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2009-07-20 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.
Download or read book Global Governance Human Rights and International Law written by Errol P. Mendes and published by Taylor & Francis. This book was released on 2022-08-18 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, it 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. Following the election of President Donald Trump , the second edition will explores how we are witnessing a critical battle to ensure that human rights, international law and the beneficial aspects of globalization will still be relevant and applied in some of the critical institutions of global governance and in the operations of the global private sector. The second edition will focus on how States, institutions and global civil society will have to ramp up the struggle to fight this ‘tragic flaw’ that is now even more evident with the actions of the US and other authoritarian states, like China and Russia in this second decade of the 21st Century.
Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Download or read book The International Legal Order in Global Governance written by Alain Germeaux and published by Springer Nature. This book was released on 2022-10-18 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Global Governance and the Emergence of Global Institutions for the 21st Century written by Augusto Lopez-Claros and published by Cambridge University Press. This book was released on 2020-01-23 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
