Reconceptualising the rule of law in global governance, resources, investment and trade / edited by Photini Pazartzis [and three others].

Format:

Book

Author/Creator:

International Law Association. Regional Conference (2013 : Athens, Greece)

Contributor:

Pazartzis, Photini, editor.

Language:

English

Subjects (All):

International law--Congresses.

International law.

Physical Description:

1 online resource (518 p.)

Place of Publication:

Oxford, England ; Portland, Oregon : Hart Publishing, 2016.

Summary:

The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.

Contents:

Cover; Half-title; Title; Copyright; Preface; Contents; Introduction; Part I: Contemporary Challenges of Global Governance in the Spotlight; Section 1: Actors and Processes Revisited; 1 The Transparency of Global Governance; I. PROBLÉMATIQUE AND CONCEPTS; II. THE NORMATIVE QUALITY OF TRANSPARENCY; III. THE VALUE AND FUNCTIONS OF TRANSPARENCY; IV. DRAWBACKS OF TRANSPARENCY; V. POLICY RECOMMENDATIONS; VI. CONCLUSIONS; 2 Between Flexibility and Stability: Ad Hoc Procedures and/or Judicial Institutions?; I. INTRODUCTION; II. FLEXIBILITY V STABILITY: THE ABILITY TO CHOOSE THE ARBITRAL TRIBUNAL

III. FLEXIBILITY ON RULES OF PROCEDURESA. Length of Proceedings; B. Terms of Reference of the Tribunal; C. Number and Types of Parties; IV. CHOOSING BETWEEN CONFIDENTIALITY AND PUBLICITY; V. FLEXIBILITY ON APPLICABLE LAW; VI. FLEXIBILITY V. STABILITY: THE BINDING NATURE OF THE AWARD, ENFORCEABILITY AND POST-JUDGMENT REMEDIES; VII. CONCLUSION; 3 Domestic Courts as Compliance Enforcers; I. INTRODUCTION; II. ENFORCEMENT OF INVESTMENT ARBITRAL AWARDS BY DOMESTIC COURTS; A. ICSID Arbitral Awards; B. Other Investment Arbitral Awards

III. SOVEREIGN IMMUNITY FROM EXECUTION AS APPLIED BY DOMESTIC COURTSA. Expansive Interpretation of Sovereign Property; B. Restrictive Interpretation of a Waiver of Sovereign Immunity; IV. CONCLUDING REMARKS; 4 Towards Reinforcing or Contesting the Vision of the Rule of Law?; I. INTRODUCTION; II. CHARACTERISTICS OF THE RULE OF LAW; III. THE ISSUES; A. Rule of Law as a Concept of the West; B. Role of the Political System; IV. PROSPECTS FOR GOVERNANCE; A. Structural Aspects; B. Elements of a Governance Approach; V. CONCLUSION; 5 Formation of International Custom and the Role of Non-State Actors

I. THE IMPORTANCE OF STATE PRACTICE IN THE FORMATION OF INTERNATIONAL CUSTOMARY LAWA. Formation and Evidence of International Customary Law; B. The 'Modern' Approach Weakness: The Evaluation of Negative or Controversial Practice; C. A 'Gordian' Solution: Resorting to General Principles of International Law Rather Than to International Customary Rules; II. BEYOND STATE PRACTICE: IS IT TIME TO TAKE INTO CONSIDERATION WHAT NON-STATE ACTORS DO?; A. Non-state Actors' Participation in the Formation of International Custom: Behind the Scenes of State Practice

B. Towards a Limited Acceptance of the Role of Non-state Actors in the Formation of International CustomIII. CONCLUDING REMARKS; Section 2: Factors and Structures Reconsidered; 6 Disaster Relief in International Law; I. DISASTER RELIEF AND INTERNATIONAL ORGANIZATION; II. THE ACTORS AND THE LAW OF DISASTER RELIEF; III. SOVEREIGNTY V COOPERATION IN DISASTER RELIEF; IV. WHAT IS THE ROLE OF 'RESPONSIBILITY TO PROTECT'?; V. THE EMERGING RIGHT TO HUMANITARIAN ASSISTANCE; VI. THE FUTURE OF DISASTER RESPONSE

7 After 60 Years: The International Legal Regime Protecting Stateless Persons-Stocktaking and New Tendencies

Notes:

Includes index.

Description based on print version record.

ISBN:

9781509901784

1509901787