Download or read book The Crisis of Multilateral Legal Order written by Lukasz Gruszczynski and published by Taylor & Francis. This book was released on 2022-09-15 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.
Download or read book The Crisis of Multilateral Legal Order Causes Dynamics and Implications written by Lukasz Gruszczynski and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.TABLE OF CONTENTS Chapter 1 Introduction Mapping the crisis of multilateralism By Paolo D Farah, Lukasz Gruszczynski, Marcin J Menkes, Veronika Bílková Part I Conceptualizing the crisis Chapter 2 The Crisis of Trust in Contemporary Multilateralism International Order in Times of Perplexity By Oleksandr Vodiannikov Chapter 3 Believing Is Seeing Normative Consensus and the Crisis of Institutional Multilateralism By Sean Butler Chapter 4 Revisiting the 'Crisis' of International Law By Maria Varaki Chapter 5 The Multilateral International Order - Reports of Its Death Are Greatly Exaggerated By Mary E. Footer Part II Dynamics and implications of the crisis Chapter 6 State Withdrawals of Jurisdiction from an International Adjudicative Body By Christopher Lentz Chapter 7 Multilateralism, Community of Interests, and Environmental Law By Malgosia Fitzmaurice Chapter 8 The Advent and Fall of Trust as a Cornerstone of Judicial Cooperation in Multilateral Regimes in Europe: A Cautionary Tale By Vassilis Pergantis Chapter 9 The Nuclear Non-Proliferation Regime at 50 A Midlife Crisis and its Consequences By Agnieszka Nimark Chapter 10 The Crisis of Multilateralism Through the Prism of the Experience of the International Criminal Court By Patrycja Grzebyk, Karolina Wierczyńska Chapter 11 Global Governance Crises and Rule of Law Lessons from Europe's Multilevel Constitutionalism By Ernst-Ulrich Petersmann Chapter 12 We Have Never Been 'Multilateral' Consensus Discourse in International Trade Law By Jessica C Lawrence Chapter 13 The EU's Reform of the Investor-State Dispute Resolution System A Bilateral Path towards a Multilateral Solution By Ewa Żelazna Chapter 14 Challenges to Multilateralism at the World Health Organization By Margherita Melillo Chapter 15 The Council of Europe and Russia Emerging from a Crisis or Heading Towards a New One? By Szymon Zaręba Chapter 16 Conclusion By Paolo Davide Farah, Marcin J Menkes, Lukasz Gruszczynski, Veronika Bílková
Download or read book Conclusion to The Crisis of Multilateral Legal Order Causes Dynamics and Implications written by Paolo Davide Farah and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.
Download or read book Introduction written by Paolo Davide Farah and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.
Download or read book Shari a and the Constitution in Contemporary Legal Models written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea
Download or read book Juridical Perspectives between Islam and the West written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
Download or read book Secondary Rules of Primary Importance in International Law written by Gábor Kajtár and published by Oxford University Press. This book was released on 2022-10-31 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
Download or read book Science Technology Policy and International Law written by Justo Corti Varela and published by Taylor & Francis. This book was released on 2024-10-02 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents innovative insights into the intersections between science, technology, and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions: concerns on how to integrate scientific evidence into trials, how to best regulate new technologies, or whether technological innovations could improve democratic legitimacy, create new regulatory tools or even new spaces of regulation, and what is the impact on the society. The edited collection, by building on a functionalist and comparatist approach, offers answers to how to best integrate law, science, and technology in policy-making and reviews the current attempts made at the transnational and international levels. Case studies, ranging from emerging technologies via environmental protection to statistics, are complemented by a solid theoretical framework, all of which seek to provide readers with tools for critical thinking in the reassessment of the relationship among theory, practice, political goals, and international regulation.
Download or read book Changing Heritage written by Francesco Bandarin and published by Taylor & Francis. This book was released on 2024-04-09 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing Heritage presents the most comprehensive analysis of heritage issues available today. Critically analysing the complexity of the current and forthcoming issues faced by heritage, it presents insightful directions for the future. Drawing on the author’s many years of experience working in senior positions at UNESCO, the book presents discussions of heritage sites all around the world. Today, our cultural and natural legacies face significant threats due to social and economic developments, political pressures, and unresolved historical issues. This book delves into these threats from two distinct perspectives: internal tensions and external pressures. The internal tensions include the disregard for human rights and gender equality; the increasing exploitation of heritage for political purposes; the development of post-colonial perspectives; and the necessity to reassess the established notion of "universal value." External pressures stem from global processes, unsustainable tourism, political conflicts, ethnic clashes, and religious strife that are causing destruction in numerous parts of the world. Examining the dynamics between heritage and these internal tensions and external pressures, Bandarin offers insights into the challenges faced and emphasises the imperative role of civil society in safeguarding the value of heritage for present and future generations. Changing Heritage explores a wide range of issues surrounding the crisis in heritage management on an international level. It will be essential reading for heritage scholars, students, and professionals
Download or read book Sustainability in Public Procurement Corporate Law and Higher Education written by Lela Melon and published by Taylor & Francis. This book was released on 2023-12-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary changes in law and policy at the global level to efficiently answer to environmental and social issues correspond to the traditional approach of limiting the regulatory and policy changes to a singular field or discipline: tackling the inherent unsustainability of corporate laws or incentivising the offering of sustainable finance to stimulate the transition towards sustainable practices. This book provides a new viewpoint and approach of simultaneously regulating seemingly non-connected fields in order to provide a fertile ground for a truly organic change towards sustainable outcomes. It addresses diverse questions of sustainable transition of the three specific fields to support sustainable practices in public procurement, private market transaction, and in educating future business leaders and legal experts by incorporating sustainable concerns as the underlying guiding principles of their conduct. It translates scientific findings into a practical format that can be used by diverse stakeholders searching for information and solutions in their respective professional fields. The underlying assumption is that a simultaneous action in the three respective fields of public procurement, corporate law, and higher education brings about more coherent and interconnected results that incentivise further action and changes towards sustainable practices. The book furthers the idea of policy coherence by building upon the findings in the field of public procurement, corporate law, and practice and higher education curricula. By identifying the barriers in the three respective fields for sustainable action and proposing solutions for either eliminating or minimising those barriers at the EU level, the book calls for further changes in the respective fields as well as for considering the spillover effects of these policies on other fields.
Download or read book International Water Law and the Human Right to Water written by Imad Antoine Ibrahim and published by Taylor & Francis. This book was released on 2024-11-19 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development of international law applicable to Transboundary Aquifers (TBAs) considering the Human Right to Water and Sanitation (HRWS). The purpose is to determine how International Water Law (IWL) and the HRWS can be harmonized in the context of TBAs. This is important given rules and instruments adopted to address this topic are relatively nascent, and the field itself is still in the process of developing regulatory frameworks. Taking the application of the HRWS to shared aquifers as a case study, the work discusses whether IWL and International Human Rights Law complement each other. The response to this question requires an analysis of the development of International Groundwater Law and its challenges, the evolution of the HRWS, the nature of transboundary groundwaters, and the interplay between these two fields. The author argues that IWL agreements should contain a provision related to the HRWS to ensure the protection of this right with a stipulation included in the nonbinding instrument that tackles shared groundwaters: the Draft Articles on the Law of Transboundary Aquifers adopted in 2008 through the United Nations General Assembly Resolution. The book will be of interest to international lawyers, water and human right experts, geologists, and anyone interested in water and human rights issues.
Download or read book The Russian Ukrainian Conflict and War Crimes written by Patrycja Grzebyk and published by Taylor & Francis. This book was released on 2024-10-07 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multidisciplinary examination of the international crimes committed in the Russia-Ukraine War, and the challenges of their prosecution and documentation. As the largest international armed conflict in Europe since World War II, Russia’s war against Ukraine has provoked strong reactions and questions about the post-1945 world order, the utility of the war, and the effectiveness of international criminal justice. Throughout the chapters in this volume, scholars and legal practitioners from Canada, Germany, Poland, Ukraine, the UK, and the United States present the results of interdisciplinary research, insights from the perspective of other post-communist states, and first-hand expertise from directly working on the documentation and prosecution of these crimes. This offers a broader picture of post-Cold War relations and sheds light on the roots and nature of the war and the importance of regional approaches. The chapters also present some possible responses to the crimes committed in the conflict, with a focus on a victims-centered approach to transitional justice. This volume will be of interest to scholars and students of international criminal and humanitarian law, security studies, peace and conflict studies, and Eastern European history.
Download or read book US Trade Policy China and the World Trade Organisation written by Nerina Boschiero and published by Taylor & Francis. This book was released on 2023-06-05 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few years have been "anni horribiles" for in International Economic Law in general and in particular for the World Trade Organization, since its inception in 1995 the guarantor of the world multilateral trade system. The increasing trade tensions, a high level of US security tariffs on steel and aluminium, the US boycott of the WTO Appellate Body, the US-China "trade war" and the reasons underlining it, only aggravated a disastrous world-wide economic situation at a time of tremendous global health and societal emergency, due to the persistent devastating spread of the COVID-19 pandemic. The book critically discusses the most salient past US administration’s unilateralist and protectionist practices. At the same time investigating the new Biden Administration’s trade approaches in order to assess whether the precedent trade trajectory is likely to continue, or there is hope of reviving the US commitment to the rule-based multilateral trading system. The book’s goal consists in distilling from current legal events the reasoning that might help the next generations in obtaining what the world needs most. These are a conscious and voluntary return to multilateralism, the search of new forms of effective global cooperation, better trade policies, a more equitable globalization, sound legal arguments, and solid economic reasons to combat rising nationalisms. If enacted, these elements hopefully would contribute to defeat new risks of political conflicts and long-lasting "trade wars". The book will be helpful to students and scholars in international and trade law, political science, and also professionals working in international and EU institutions.
Download or read book Efficiency Equity and Legitimacy written by Roger B. Porter and published by Brookings Institution Press. This book was released on 2001 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. This collection of essays examine several key issues at the heart of the debate over the multilateral trading system.
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Download or read book Deadlocks in Multilateral Negotiations written by Amrita Narlikar and published by Cambridge University Press. This book was released on 2010-05-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Deadlocks are a feature of everyday life, as well as high politics. This volume focuses on the concept, causes, and consequences of deadlocks in multilateral settings, and analyses the types of strategies that could be used to break them. It commences with a definition of deadlock, hypothesises about its occurrence, and proposes solutions. Each chapter then makes an original contribution to the issue of deadlock – theoretical, methodological, or empirical – and further tests the original concepts and hypotheses, either theoretically or through case-study analysis, developing or altering them accordingly. This is a unique volume which provides an in-depth examination of the problem of deadlock and a more thorough understanding of specific negotiation problems than has ever been done before. It will be directly relevant to students, researchers, teachers, and scholars of negotiation and will also be of interest to practitioners involved in negotiation and diplomacy.
Download or read book The Global Architecture of Multilateral Development Banks written by Adrian Robert Bazbauers and published by Routledge. This book was released on 2021-03-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the evolution of the 30 functioning multilateral development banks (MDBs). MDBs have their roots in the growing system of international finance and multilateral cooperation, with the first recognisable MDB being proposed by Latin America in financial cooperation with the US in the late 1930s. That Inter-American Bank did not eventuate but was a precursor to the World Bank being negotiated at Bretton Woods in 1944. Since then, a complex network of regional, sub-regional, and specialised development banks has progressively emerged across the globe, including two significant recent entrants established by China and the BRICS. MDBs arrange loans, credits, and guarantees for investment in member states, generally with the stated aim of fostering economic growth. They operate in both the Global North and South, though there are more MDBs focusing on emerging and developing states. While the World Bank and some of the larger regional banks have been scrutinised, little attention has been paid to the smaller banks or the overall system. This book provides the first study of all 30 MDBs and it evaluates their interrelationships. It analyses the emergence of the MDBs in relation to geopolitics, development paradigms and debt. It includes sections on each of the banks as well as on how MDBs have approached the key sectors of infrastructure, human development, and climate. This book will be of particular interest to researchers of development finance, global governance, and international political economy.
