Download or read book Remedying Disregard in Global Regulatory Governance written by Richard B. Stewart and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A myriad of specialized and fragmented global regulatory bodies - established by states, domestic regulatory officials, international organizations, business groups and NGOs - wield ever-increasing power and influence. In making decisions, these mission-oriented authorities tend systematically, due to deep-seated structural factors, to give greater regard to the interests and concerns of some actors, especially powerful states and well-organized economic actors, and lesser regard to the often peripheral interests and concerns of more weakly organized and less powerful groups and of vulnerable individuals. The overall pattern of global regulation reflects a similar bias. The most powerful global regulatory regimes promote the objectives of dominant states and economic actors, whereas regimes to protect weaker groups and individuals are often less effective or virtually nonexistent and are thus unable to protect their interests and concerns. As a result of these two types of disregard, the dominant actors in global regulatory governance enjoy disproportionate benefits from international cooperation, while weaker groups and individuals suffer deprivation and often serious harm. This article has two related objectives. First, it examines, as a matter of positive analysis, the institutional mechanisms and structures of global regulatory decision making to explain how current global regulation and governance practices operate to create the problem of disregard. The analysis presents a new taxonomy of governance mechanisms, distinguishing three basic types - decision rules, accountability mechanisms, and other regard-promoting measures - that substantially determine whose interests and concerns are given regard by global decision makers. It also unpacks the concepts of accountability and participation, so widely and often indiscriminately invoked as cures for the ills of global governance, and clarifies their roles. Second, it diagnosis the normative failings of the existing governance structures and decisional mechanisms and argues that they should be reconfigured to enable the disregarded to secure greater regard for their interests and concerns and thereby promote a more just system of global regulatory governance. It presents several strategies for achieving this objective, focusing on redeployment and innovation through the three types of governance mechanisms.

Download or read book Addressing Problems of Disregard in Global Regulatory Governance Accountability Participation and Responsiveness written by Richard B. Stewart and published by . This book was released on 2014 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Download or read book Rethinking Participation in Global Governance written by Joost Pauwelyn and published by Oxford University Press. This book was released on 2022 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This addition to the 'Law and Global Governance Series' examines participation of stakeholders in treaty-based intergovernmental organizations. Readers are offered a comprehensive account of what has been done to facilitate the participation of previously neglected stakeholders.

Download or read book Forming Transnational Dispute Settlement Norms written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

Download or read book Global Regulatory Standards in Environmental and Health Disputes written by Caroline E. Foster and published by Oxford University Press. This book was released on 2021-06-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

Download or read book Framing Convergence with the Global Legal Order written by Elaine Fahey and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book explores the concept of convergence of the EU with the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most dramatically changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence; - global trade against convergence; - the EU as the exceptional internationalist; and - positioning convergence through methodology.

Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Download or read book Climate Funds and Sustainable Development written by Gonzalo Larrea and published by Springer Nature. This book was released on 2024-01-03 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​While significant attention has been devoted to achieving Sustainable Development Goal 13 (SDG 13) and scaling up climate finance for developing countries, the adverse impacts of funded projects on local communities remains inadequately explored by both academics and policymakers. Mobilizing climate finance on an unprecedented scale is undeniably vital for the success of developing countries’ climate policies. However, these initiatives often give rise to adverse consequences for individuals in these countries, leading to displacements, exacerbating food insecurity, or even triggering conflicts over resources. This book examines the extent to which the climate funds established for achieving SDG 13 are adequate for addressing climate change impacts in developing countries. Yet, its analysis transcends the mere evaluation of the sufficiency or efficacy of these efforts found in much of the existing literature. Beyond the scope of quantifiable success, the book delves into the root causes of the adverse impacts that these funds can have on local communities and offers tailored recommendations to realize the noble aspirations of SDG 13, all without implying that the individuals who should benefit from climate finance are the ones who pay in the end.

Download or read book Research Handbook on Global Administrative Law written by Sabino Cassese and published by Edward Elgar Publishing. This book was released on 2016-02-27 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.

Download or read book The Oxford Handbook of the Theory of International Law written by Anne Orford and published by Oxford University Press. This book was released on 2016-09-22 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Download or read book International Law in Silver Perspective written by Karel Wellens and published by BRILL. This book was released on 2015-09-07 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialists in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respective fields and the most pressing challenges that lie ahead for them. The result is a fascinating, thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.

Download or read book Multilateral Environmental Agreements and Compliance written by Anna Huggins and published by Routledge. This book was released on 2017-11-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors’ interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states’ asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states’ interests to be voiced and considered in compliance decision-making processes.

Download or read book Comparative Law and Regulation written by Francesca Bignami and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.

Download or read book Private Regulation and the Internal Market written by Mislav Mataija and published by Oxford University Press. This book was released on 2016-03-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.

Download or read book The Impact of International Organizations on International Law written by José E. Alvarez and published by BRILL. This book was released on 2016-11-07 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself. "A masterfully crafted piece of scholarship that engages with the very raison d’être of international organizations. Written by one of the leading authorities in the field, this book provides an insightful, perspicacious and to-the-point analysis of the impact of international organizations in today’s international legal order while also shedding light on their weaknesses. A must read for all those whose work touches upon the law of international organization." ~Laurence Boisson de Chazournes, University of Geneva "The role of Public International Law, rooted largely in decisions of or relating to international institutions, has been steadily, quietly re-shaping international economic relations and other links between states and regions for decades. There is no greater authority on international organizations within the American law community than Professor José Alvarez. This volume illuminates these trends as well as their limitations and vulnerabilities. It delivers a first-rate, incisive primer on the field." ~David M. Malone, Under-Secretary-General of the United Nations, Rector of the UN University

Download or read book International Anti Corruption Norms written by Cecily Rose and published by OUP Oxford. This book was released on 2015-08-13 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the creation of international anti-corruption norms by states and other actors through four markedly different institutions: the Organisation for Economic Co-operation and Development, the United Nations, the Extractive Industries Transparency Initiative, and the Financial Action Task Force. Each of these institutions oversees an international instrument that requires states to combat corruption. Yet, only the United Nations oversees anti-corruption norms that take the sole form of a binding multilateral treaty. The OECD has, by contrast, fostered the development of the binding 1997 OECD Anti-Bribery Convention, as well as non-binding recommendations and guidance associated with treaty itself. In addition, the revenue transparency and anti-money laundering norms developed through the Extractive Industries Transparency Initiative and the Financial Action Task Force, respectively, take the form of non-binding instruments that have no relationship with multilateral treaties. The creation of international anti-corruption norms through non-binding instruments and informal institutions has the potential to privilege the interests of powerful states in ways that raise questions about the normative legitimacy of these institutions and the instruments they produce. At the same time, the anti-corruption instruments created under the auspices of these institutions also show that non-binding instruments and informal institutions carry significant advantages. The non-binding instruments in the anti-corruption field have demonstrated a capacity to influence domestic legal systems that is comparable to, if not greater than, that of binding treaties. With corruption and money laundering at the forefront of political debate, International Anti-Corruption Norms provides timely expertise on how states and international institutions grapple with these global problems.