Linkages and Boundaries in Private and Public International Law

Linkages and Boundaries in Private and Public International Law
Author: Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Publsiher: Hart Publishing
Total Pages: 272
Release: 2020-11-05
ISBN: 9781509943715
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Linkages and Boundaries in Private and Public International Law Book Excerpt:

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.

Linkages and Boundaries in Private and Public International Law

Linkages and Boundaries in Private and Public International Law
Author: Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Publsiher: Bloomsbury Publishing
Total Pages: 272
Release: 2018-07-26
ISBN: 1509918647
Category: Law
Language: EN, FR, DE, ES & NL

Linkages and Boundaries in Private and Public International Law Book Excerpt:

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.

Blurry Boundaries of Public and Private International Law

Blurry Boundaries of Public and Private International Law
Author: Anonim
Publsiher: Springer Nature
Total Pages: 287
Release: 2022
ISBN: 9811684804
Category: Civil law
Language: EN, FR, DE, ES & NL

Blurry Boundaries of Public and Private International Law Book Excerpt:

This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themesPublic international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

Universal Civil Jurisdiction

Universal Civil Jurisdiction
Author: Serena Forlati,Pietro Franzina
Publsiher: BRILL
Total Pages: 220
Release: 2020-10-12
ISBN: 9004408576
Category: Law
Language: EN, FR, DE, ES & NL

Universal Civil Jurisdiction Book Excerpt:

In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.

Private International Law

Private International Law
Author: Franco Ferrari,Diego P. Fernández Arroyo
Publsiher: Edward Elgar Publishing
Total Pages: 520
Release: 2019-12-27
ISBN: 1789906903
Category: Law
Language: EN, FR, DE, ES & NL

Private International Law Book Excerpt:

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Diversity and Integration in Private International Law

Diversity and Integration in Private International Law
Author: Ruiz Abou-Nigm Veronica Ruiz Abou-Nigm
Publsiher: Edinburgh University Press
Total Pages: 416
Release: 2019-08-05
ISBN: 1474447880
Category: Law
Language: EN, FR, DE, ES & NL

Diversity and Integration in Private International Law Book Excerpt:

How can private international law contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society? Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions and institutions, the volume explores how private international law's connective capacity could be enhanced by more inclusive methodologies. This would allow it to better able to engage with the reality of the integration that it is there to promote. Based on comparative methodology, the volume examines legal practice, as revealed by national and regional case law. The scope includes the practice of international commercial arbitration; private international law regulatory frameworks; and legal theory.

The Oxford Handbook of Jurisdiction in International Law

The Oxford Handbook of Jurisdiction in International Law
Author: Stephen Allen,Daniel Costelloe,Malgosia Fitzmaurice,Paul Gragl,Edward Guntrip
Publsiher: Oxford University Press
Total Pages: 700
Release: 2019-09-17
ISBN: 0191089370
Category: Law
Language: EN, FR, DE, ES & NL

The Oxford Handbook of Jurisdiction in International Law Book Excerpt:

The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

Private International Law

Private International Law
Author: Symeon C. Symeonides
Publsiher: BRILL
Total Pages: 504
Release: 2021-11-08
ISBN: 9004503919
Category: Law
Language: EN, FR, DE, ES & NL

Private International Law Book Excerpt:

This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

Private International Law Aspects of Corporate Social Responsibility

Private International Law Aspects of Corporate Social Responsibility
Author: Catherine Kessedjian,Humberto Cantú Rivera
Publsiher: Springer Nature
Total Pages: 701
Release: 2020-03-06
ISBN: 3030351874
Category: Law
Language: EN, FR, DE, ES & NL

Private International Law Aspects of Corporate Social Responsibility Book Excerpt:

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes

The Public Order Exception in International Trade  Investment  Human Rights and Commercial Disputes
Author: Zena Prodromou
Publsiher: Kluwer Law International B.V.
Total Pages: 360
Release: 2020-08-12
ISBN: 9403520019
Category: Law
Language: EN, FR, DE, ES & NL

The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes Book Excerpt:

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

A Guide to Global Private International Law

A Guide to Global Private International Law
Author: Paul Beaumont,Jayne Holliday
Publsiher: Bloomsbury Publishing
Total Pages: 664
Release: 2022-05-05
ISBN: 1509932100
Category: Law
Language: EN, FR, DE, ES & NL

A Guide to Global Private International Law Book Excerpt:

This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.

Law and Responsible Supply Chain Management

Law and Responsible Supply Chain Management
Author: Vibe Ulfbeck,Alexandra Andhov,Kateřina Mitkidis
Publsiher: Routledge
Total Pages: 182
Release: 2019-01-10
ISBN: 0429866097
Category: Law
Language: EN, FR, DE, ES & NL

Law and Responsible Supply Chain Management Book Excerpt:

Corporate Social Responsibility has for long been on the agenda in the business world and recently, it has also become a political agenda in the European Union. Focusing on international supply chains and their control based on studies of law in several European jurisdictions, this book aims to advance the discussion on the application and enforcement of CSR. Drawing parallels to US and Canadian law, the book explores to what extent private law tools can be used as an enforcement device and it ultimately asks if what we are witnessing is the formation of a new area of law, employing the interplay of contract and tort – a law of "production liability", as a corollary of the concept of "product liability".

Access to Justice and International Organisations

Access to Justice and International Organisations
Author: Rishi Gulati
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2022-02-28
ISBN: 1108943713
Category: Law
Language: EN, FR, DE, ES & NL

Access to Justice and International Organisations Book Excerpt:

We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.

Can We Still Afford Human Rights

Can We Still Afford Human Rights
Author: Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon
Publsiher: Edward Elgar Publishing
Total Pages: 368
Release: 2020-10-30
ISBN: 183910032X
Category: Political Science
Language: EN, FR, DE, ES & NL

Can We Still Afford Human Rights Book Excerpt:

This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?

Intellectual Property Climate Change and Technology

Intellectual Property  Climate Change and Technology
Author: Abbe E.L. Brown
Publsiher: Edward Elgar Publishing
Total Pages: 368
Release: 2019-10-09
ISBN: 1788111117
Category: Law
Language: EN, FR, DE, ES & NL

Intellectual Property Climate Change and Technology Book Excerpt:

Exploring the potential for alignment as well as conflict between IP and climate change Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making across the IP, climate change and technology landscape. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

The Human Rights Impact of the World Trade Organisation

The Human Rights Impact of the World Trade Organisation
Author: James Harrison
Publsiher: Bloomsbury Publishing
Total Pages: 292
Release: 2007-07-31
ISBN: 1847313744
Category: Law
Language: EN, FR, DE, ES & NL

The Human Rights Impact of the World Trade Organisation Book Excerpt:

This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.

Foreign Investment Human Rights and the Environment

Foreign Investment  Human Rights and the Environment
Author: Shyami Puvimanasinghe
Publsiher: BRILL
Total Pages: 320
Release: 2007-05-11
ISBN: 9047419979
Category: Law
Language: EN, FR, DE, ES & NL

Foreign Investment Human Rights and the Environment Book Excerpt:

Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

Public Services and International Trade Liberalization

Public Services and International Trade Liberalization
Author: Barnali Choudhury
Publsiher: Cambridge University Press
Total Pages: 362
Release: 2012-11-01
ISBN: 1107026563
Category: Business & Economics
Language: EN, FR, DE, ES & NL

Public Services and International Trade Liberalization Book Excerpt:

This books examines whether public service liberalization poses a threat to gender and human rights?

Making Transnational Law Work in the Global Economy

Making Transnational Law Work in the Global Economy
Author: Pieter H. F. Bekker,Rudolf Dolzer,Michael Waibel
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2010-10-28
ISBN: 1139492144
Category: Law
Language: EN, FR, DE, ES & NL

Making Transnational Law Work in the Global Economy Book Excerpt:

This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.

The Debate over Corporate Social Responsibility

The Debate over Corporate Social Responsibility
Author: Steven K. May,George Cheney,Juliet Roper
Publsiher: Oxford University Press
Total Pages: 512
Release: 2007-04-19
ISBN: 0190208368
Category: Business & Economics
Language: EN, FR, DE, ES & NL

The Debate over Corporate Social Responsibility Book Excerpt:

Should business strive to be socially responsible, and if so, how? The Debate over Corporate Social Responsibility updates and broadens the discussion of these questions by bringing together in one volume a variety of practical and theoretical perspectives on corporate social responsibility. It is perhaps the single most comprehensive volume available on the question of just how "social" business ought to be. The volume includes contributions from the fields of communication, business, law, sociology, political science, economics, accounting, and environmental studies. Moreover, it draws from experiences and examples from around the world, including but not limited to recent corporate scandals and controversies in the U.S. and Europe. A number of the chapters examine closely the basic assumptions underlying the philosophy of socially responsible business. Other chapters speak to the practical challenges and possibilities for corporate social responsiblilty in the twenty-first century. One of the most distinctive features of the book is its coverage of the very ways that the issue of corporate social responsibility has been defined, shaped, and discussed in the past four decades. That is, the editors and many of the authors are attuned to the persuasive strategies and formulations used to talk about socially responsible business, and demonstrate why the talk matters. For example, the book offers a careful analysis of how certain values have become associated with the business enterprise and how particular economic and political positions have been established by and for business. This book will be of great interest to scholars, business leaders, graduate students, and others interested in the contours of the debate over what role large-scale corporate commerce should take in the future of the industrialized world.