Private International Law and Global Governance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Private International Law and Global Governance write by Horatia Muir Watt. This book was released on 2014. Private International Law and Global Governance available in PDF, EPUB and Kindle. 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.
The Law of Global Governance
The Law of Global Governance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law of Global Governance write by Eyal Benvenisti. This book was released on 2014-06-11. The Law of Global Governance available in PDF, EPUB and Kindle. 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.
Governance and International Legal Theory
Governance and International Legal Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Governance and International Legal Theory write by I.F. Dekker. This book was released on 2014-11-14. Governance and International Legal Theory available in PDF, EPUB and Kindle. This book discusses the above-mentioned topics from a multidisciplinary perspective.
Normative Pluralism and International Law
Normative Pluralism and International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Normative Pluralism and International Law write by Jan Klabbers. This book was released on 2013-04-22. Normative Pluralism and International Law available in PDF, EPUB and Kindle. This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
The Oxford Handbook of the International Law of Global Security
The Oxford Handbook of the International Law of Global Security - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Oxford Handbook of the International Law of Global Security write by Chair of International Law and Security Robin Geiß. This book was released on 2021-02-16. The Oxford Handbook of the International Law of Global Security available in PDF, EPUB and Kindle. On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
