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Author: Eyal Benvenisti Publisher: BRILL ISBN: 9004279121 Category : Law Languages : en Pages : 334
Book Description
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.
Author: Eyal Benvenisti Publisher: BRILL ISBN: 9004279121 Category : Law Languages : en Pages : 334
Book Description
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.
Author: Elaine Fahey Publisher: Edward Elgar Publishing ISBN: 1788970519 Category : Law Languages : en Pages : 214
Book Description
This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.
Author: Ingrid Detter Delupis Publisher: Dartmouth Publishing Company ISBN: Category : Law Languages : en Pages : 622
Book Description
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.
Author: Christopher C. Joyner Publisher: Rowman & Littlefield ISBN: 9780742500099 Category : Law Languages : en Pages : 388
Book Description
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.
Author: Horatia Muir Watt Publisher: ISBN: 0198727623 Category : Law Languages : en Pages : 401
Book Description
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.
Author: Alexandra R. Harrington Publisher: Routledge ISBN: 9780429293320 Category : Law Languages : en Pages : 192
Book Description
"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"--
Author: Monika Heupel Publisher: Springer ISBN: 134995053X Category : Political Science Languages : en Pages : 255
Book Description
This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.
Author: Michael N. Barnett Publisher: Cambridge University Press ISBN: 1108906702 Category : Political Science Languages : en Pages : 395
Book Description
Global governance has come under increasing pressure since the end of the Cold War. In some issue areas, these pressures have led to significant changes in the architecture of governance institutions. In others, institutions have resisted pressures for change. This volume explores what accounts for this divergence in architecture by identifying three modes of governance: hierarchies, networks, and markets. The authors apply these ideal types to different issue areas in order to assess how global governance has changed and why. In most issue areas, hierarchical modes of governance, established after World War II, have given way to alternative forms of organization focused on market or network-based architectures. Each chapter explores whether these changes are likely to lead to more or less effective global governance across a wide range of issue areas. This provides a novel and coherent theoretical framework for analysing change in global governance. This title is available as Open Access on Cambridge Core.
Author: Daniel Drache Publisher: UBC Press ISBN: 0774838566 Category : Law Languages : en Pages : 321
Book Description
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.
Author: Axel Marx Publisher: Edward Elgar Publishing ISBN: 1849808759 Category : Law Languages : en Pages : 327
Book Description
'This book draws out the profound implications and transformational dynamics of multi-level global governance of natural resources, labour standards and particularly food safety. the hybrid private-public governance of these supply chains has in some contexts made large western retailer groups more dominant regulators than states. Yet the new regulatory governance is more pluralistic in its flux than a shift from state to retailer hegemony. Governance by contracts of global sway more than government by statutes of states drives regulatory innovation. Legal entrepreneurs and model mongers of many stripes inspire this innovation. Political theory is yet to come to grips with the significance of the shifts this thoughtful collection ably traces.' – John Braithwaite, Australian National University 'This edited volume represents a major contribution to scholarship on the role of private standards in global governance. It brings together a wealth of important new research written by a distinguished group of scholars. It is noteworthy not only for the breadth and depth of its case-studies, but by its extensive analysis of the legal dimensions of private standard setting and enforcement.' – David Vogel, University of California, Berkeley, US Private regulatory initiatives aim to govern supply chains across the globe according to a set of environmental, food safety and/or social standards. Until now, literature on the topic has been fragmented and divided by research fields. However, this unique and comprehensive book bridges these disciplinary and thematic research lines, bringing together an interdisciplinary group of leading scholars to identify key issues. the expert contributors assess the state-of-the-art with regard to private regulation of food, natural resources and labour conditions. They begin with an introduction to, and discussion of, several leading existing private standards, and go on to assess private food standards and their legitimacy and effectiveness in the context of the global trade regime. This truly multidisciplinary assessment of the scope and importance of private standards as a governance tool in a globalizing world will prove to be an enlightening read for a wide-ranging audience encompassing: academics, students, researchers, policymakers and analysts focusing on private forms of governance in several sectors including economics, law, politics, development, environment and agriculture.
Author: Eyal Benvenisti
Author: Eyal Benvenisti
Author: Elaine Fahey
Author: Ingrid Detter Delupis
Author: Christopher C. Joyner
Author: Horatia Muir Watt
Author: Alexandra R. Harrington
Author: Monika Heupel
Author: Michael N. Barnett
Author: Daniel Drache
Author: Axel Marx