Linkages and boundaries in private and public international law / Edited by Verónica Ruiz Abou-Nigm, Kasey McCall-Smith and Duncan French.

Format:

Book

Contributor:

Abou-Nigm, Verónica Ruiz, editor.

French, Duncan, editor.

McCall-Smith, Kasey, editor.

Language:

English

Subjects (All):

Conflict of laws.

International and municipal law.

International law.

Physical Description:

1 online resource (273 pages)

Place of Publication:

Portland, Oregon : Hart Publishing, 2018.

Summary:

Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America

Contents:

Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law

Verónica Ruiz Abou-Nigm, Kasey McCall-Smith and Duncan French

Part I: Discerning Synergies and Shared Values in International Law

1. Connecting Public and Private International Law

Alex Mills

I. Introduction

II. Sources

III. Connections

IV. Conclusions

2. Windows in International Law

Jean d'Aspremont and Francesco Giglio

II. Roman Interpretation: Between Strict and Flexible Legal Analysis

III. Private and Public International Law as Professionally Distinct Fields

IV. New Descriptive Tools for Private and Public International Law

V. Windows, (De)coders and Travellers in Private and Public International Law

VI. Public International Law

VII. Concluding Remarks

3. 'International' Rules in an Internal Setting

Kirsty J Hood, QC

II. Case Study: The United Kingdom

III. Conclusion

Part II: Functional Commonalities in International Law

4. Jurisdiction: Betwixt Unilateralism and Global Coordination

Duncan French and Verónica Ruiz Abou-Nigm

II. Jurisdiction: 'Many, Too Many, Meanings'

III. Trends towards a Global 'System'?

IV. Bases of Jurisdiction

V. Jurisdiction in Private International Law: Global Connectivity and 'Justice Pluralism'

VI. Public International Law Jurisdiction: Somewhere between Law and Power

VII. Improving Coordination of Jurisdictional Frameworks in Private and Public International Law

VIII. Conclusions

5. On the Dwindling Divide between the Public and Private: The Role of Soft Law Instruments in Global Governance

Richard Collins and María Mercedes Albornoz

I. Introduction: Global Governance and the Confluence of Public and Private International Law

II. 'Softness' in Public International Law: 'Deformalisation' and the Emergence of Global Governance

III. Soft Law as Governance Technique: The Case of Private International Law

IV. Responding to Law's Globalisation? Order and Justice within Contemporary Frameworks

6. The Role of Global Values in the Evaluation of Public Policy in International Investment and ommercial Arbitration

María Blanca Noodt Taquela and Ana María Daza-Clark

II. Public Policy as an Exception to Compliance with International Obligations

III. Public Policy and the Difficulties in its Definition

IV. Public Policy as a Narrow Exception in Private International Law and a Broad Defence in Public International Law

V. Types of Global Values that Influence International Arbitration

VI. Incidence of Global Values in the Interpretation of Public Policy in International and Commercial and Investment Arbitration

VII. Conclusions

Part III: Exploring Linkages and Boundaries in International Law

7. Reconciling Human Rights and Supply Chain Management through Corporate Social Responsibility

Kasey McCall-Smith and Andreas Rühmkorf

II. CSR and Global Supply Chain Management: The Developing Legal Framework

III. The Barriers in Public International Law

IV. The Barriers in Private International Law

V. Case Study of the Mobile Phone Industry

VI. Towards a Hybrid Regulatory Approach: Transcending the Limits of Private and Public International Law

VII. Conclusion

8. Realising the Objectives of Public International Environmental Law through Private Contracts: The Need for a Dialogue with Private International Law Scholars

Elisa Morgera and Lorna Gillies

II. The Nagoya Protocol and Ad Hoc Private Contracts

III. Standardised Contractual Clauses under the International Treaty

IV. Overall Reflection

9. International Investment Arbitration and the Arduous Route to Transparency

Sharon E Foster

II. History

III. International Commercial Arbitration in Private International Law: Confidentiality and Privacy as the Norm

IV. Investor-State Arbitration in Public International Law: Transparency as the Demand

V. Clash of Public Values with Functional Approaches

VI. How Private Values and Public Values Meet

VII. Dispute Settlement in the Proposed TTIP, TPP and CETA

10. Protecting Whistleblowers: The Roles of Public and Private International Law

Dimitrios Kagiaros and Amanda Wyper

II. Regulatory Approaches to Whistleblowing: Protection and Incentives

III. Domestic UK Whistleblowing Regulation

IV. Private International Law

V. The Contribution of Public International Law to Whistleblowing

VI. Which States are Responsible for Providing Protection in a Cross-border Disclosure?

VII. Conclusions

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509918638

1509918639

9781509918652

1509918655

9781509918645

1509918647

OCLC:

1023820730