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| Author | : Errol P Mendes |
| Publsiher | : Routledge |
| Total Pages | : 312 |
| Release | : 2022-04 |
| Genre | : |
| ISBN | : 9780367463274 |
| Rating | : 4.7/5 (632 downloads) |
This second edition of the book is a unique introduction to the links between different areas of global governance, human rights and the global economy.
| Author | : Errol P. Mendes |
| Publsiher | : Routledge |
| Total Pages | : 264 |
| Release | : 2014-02-05 |
| Genre | : Law |
| ISBN | : 1134443544 |
| Rating | : 4.3/5 (44 downloads) |
This book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, Errol P. Mendes argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. The book explores how human rights and international law are applied in some of the critical institutions of global governance and in the operations of the global private sector, and how States, institutions and global civil society struggle to fight this ‘tragic flaw’. The book is brought up to date by considering developments in the role of the IMF, the World Bank, bilateral investment treaties; the likely failure of the Doha round of WTO negotiations; the legacy of the 2008 financial crisis; and the role of the International Criminal Court and the evolving Responsibility to Protect doctrine in international peace and security crises in the Middle East, Central and West Africa among other regions of the world. With its intensely interdisciplinary approach, this book motivates new thinking in the realm of global governance and international law, and promotes the development of new strategies for negotiating between conflicting leadership and organisational values within global institutions. The book will be of great interest and use to students and researchers of public international law, international relations and political science, business and human rights, global governance and international trade and economic law.
| Author | : Christopher C. Joyner |
| Publsiher | : Rowman & Littlefield |
| Total Pages | : 388 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780742500099 |
| Rating | : 4.2/5 ( downloads) |
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 |
| Publsiher | : Law and Global Governance |
| Total Pages | : 401 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0198727623 |
| Rating | : 4.7/5 (23 downloads) |
Horatia Muir Watt and Diego P. Fernández-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance Debate Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law 1: Geoffrey Samuel: Comparative Law as Resistance 2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance 3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique Section B. Political Critique: Privatization as Homogenization 4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations 5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism Section C. Searching for Legitimacy: Questions of Design 6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent? 7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking 8: Yannick Radi: Balancing the Public and the Private in International Investment Law PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS Section A. The Global Turn to Informality: Pragmatism and Constructivism 9: Benoit Frydman: A Pragmatic Approach To Global Law 10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation 11: Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism 12: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law 13: Jacco Bomhoff: The Constitution of the Conflict of Laws 14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws Section C. Reinventing a Global Horizon: Working towards a Global Public Good 15: Bram van der Eem: Financial Stability and Private International Law 16: Ivana Isailovic: Recognition(and Mis-recognition) in Private International Law 17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance? Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?
| Author | : Lisa Wegener |
| Publsiher | : GRIN Verlag |
| Total Pages | : 8 |
| Release | : 2008-06-11 |
| Genre | : Political Science |
| ISBN | : 3638062457 |
| Rating | : 4.2/5 (57 downloads) |
Seminar paper from the year 2008 in the subject Politics - International Politics - General and Theories, University of Applied Sciences Bremen, course: Inter- and transnational Relations, 5 entries in the bibliography, language: English, abstract: Vorstellung der Konzepte Völkerrecht und Global Governance, Untersuchung von Gemeinsamkeiten und Unterschieden sowie Beurteilung der Realisierbarkeit
| Author | : Roger Brownsword |
| Publsiher | : Hart Publishing |
| Total Pages | : 251 |
| Release | : 2004-12-31 |
| Genre | : Law |
| ISBN | : 1841134090 |
| Rating | : 4.4/5 (9 downloads) |
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on human rights in the context of 'globalisation' together with the principle of 'respect for human rights and human dignity' viewed as one of the foundational commitments of a legitimate scheme of global governance. The first part of the book deals with the ways in which 'globalisation' impacts on established commitments to respect human rights. When human rights are set against, or alongside, potentially competing priorities, such as 'security' or 'economy' how well do they fare? Does it make any difference whether human rights commitments are expressed in dedicated free-standing instruments or incorporated as side-constraints (or 'collaterally') in larger multi-functional instruments? In this light, does it make sense to view a trade-centred community such as the EU as a prospective regional model for human rights? The second part of the book debates the coherence of a global order committed to respect for human rights and human dignity as one of its founding principles. If 'globalisation' aspires to export and spread respect for human rights, the thrust of the papers in this volume is that it could do better, that legitimate global governance demands that it does a great deal better, and that lawyers face a considerable challenge in developing a coherent jurisprudence of fundamental values as the basis for a just global order.
| Author | : Benjamin Mason Meier |
| Publsiher | : Oxford University Press |
| Total Pages | : 456 |
| Release | : 2018-03-27 |
| Genre | : Law |
| ISBN | : 0190672706 |
| Rating | : 4.2/5 (6 downloads) |
Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.
| Author | : Monika Heupel |
| Publsiher | : Springer |
| Total Pages | : 249 |
| Release | : 2016-11-08 |
| Genre | : Political Science |
| ISBN | : 134995053X |
| Rating | : 4.0/5 (3 downloads) |
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 | : Roger Brownsword |
| Publsiher | : Hart Publishing |
| Total Pages | : 256 |
| Release | : 2004-12-31 |
| Genre | : Law |
| ISBN | : 9781841134093 |
| Rating | : 4.1/5 (34 downloads) |
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on human rights in the context of 'globalisation' together with the principle of 'respect for human rights and human dignity' viewed as one of the foundational commitments of a legitimate scheme of global governance. The first part of the book deals with the ways in which 'globalisation' impacts on established commitments to respect human rights. When human rights are set against, or alongside, potentially competing priorities, such as 'security' or 'economy' how well do they fare? Does it make any difference whether human rights commitments are expressed in dedicated free-standing instruments or incorporated as side-constraints (or 'collaterally') in larger multi-functional instruments? In this light, does it make sense to view a trade-centred community such as the EU as a prospective regional model for human rights? The second part of the book debates the coherence of a global order committed to respect for human rights and human dignity as one of its founding principles. If 'globalisation' aspires to export and spread respect for human rights, the thrust of the papers in this volume is that it could do better, that legitimate global governance demands that it does a great deal better, and that lawyers face a considerable challenge in developing a coherent jurisprudence of fundamental values as the basis for a just global order.
| Author | : Michelle Sanson |
| Publsiher | : |
| Total Pages | : 424 |
| Release | : 2008 |
| Genre | : International cooperation |
| ISBN | : |
| Rating | : 4./5 ( downloads) |
| Author | : Jan Wouters |
| Publsiher | : Edward Elgar Publishing |
| Total Pages | : 304 |
| Release | : 2015-09-25 |
| Genre | : LAW |
| ISBN | : 1781952620 |
| Rating | : 4.2/5 (2 downloads) |
Globalization needs effective global governance. The important question of whether this governance can also become democratic is, however, the subject of a political and academic debate that began only recently. This multidisciplinary book aims to move this conversation forward by drawing insights from international relations, political theory, international law and international political economy. Focusing on global environmental, economic, security and human rights governance, it sheds new light on the democratic deficit of existing global governance structures, and proposes a number of tools to overcome it.
| Author | : Axel Marx |
| Publsiher | : Edward Elgar Publishing |
| Total Pages | : 432 |
| Release | : 2022-03-28 |
| Genre | : |
| ISBN | : 9781788979825 |
| Rating | : 4.8/5 (798 downloads) |
This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda. The Research Handbook first examines governance initiatives that operate across economic sectors, discussing both public and private initiatives at state, regional and international levels that seek to develop, implement and enforce rules with regard to the impacts of transnational business activities on human rights. Chapters then investigate particular economic sectors - including textiles, electronics, agro-chemical, construction, and finance - to assess the ways in which different initiatives attempt to mitigate risks and address business-related human rights abuses within each sector. Scholars of law, regulatory governance, global governance, management, human rights and social sciences who are interested in gaining a deeper understanding of the emerging business and human rights regime will find this Research Handbook a crucial read. It will also prove a useful and thorough introduction for students, scholars and practitioners new to the field of business and human rights.
| Author | : Salvador Santino F. Regilme |
| Publsiher | : Rutgers University Press |
| Total Pages | : 215 |
| Release | : 2022-06-17 |
| Genre | : Political Science |
| ISBN | : 197882842X |
| Rating | : 4.8/5 (2 downloads) |
Human Rights at Risk brings together social scientists, legal scholars, and humanities scholars to analyze the policy challenges of human rights protection in the twenty-first century. The book focuses on international institutions, thematic blind spots in policy-making, and the role of the United States as a global and domestic actor in human rights protection.
| Author | : Cedric Ryngaert |
| Publsiher | : Routledge |
| Total Pages | : 222 |
| Release | : 2016-05-06 |
| Genre | : Law |
| ISBN | : 1317086929 |
| Rating | : 4.6/5 (29 downloads) |
Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.
| Author | : Mahmoud Refaat |
| Publsiher | : Mahmoud Refaat |
| Total Pages | : |
| Release | : 2019-12-30 |
| Genre | : Political Science |
| ISBN | : |
| Rating | : 4./5 ( downloads) |
International law is a crucial subject to grasp, but most of it is conceptual or historic in character. Several of the theories addressed view 'norms' as a regulating factor in international affairs, albeit their interpretation of their importance and functioning varies. This book expands on this idea by introducing you to the function of global legal standards as a specific tool for international controlling the masses. Consider a tiny town with several units, that each have one apartment and one household. There is no central administration, legislature, judicial system, or law enforcement in this community. Each family's private concerns, as well as the boundaries of each estate, are held in high regard. The households mostly interact on a bilateral basis and participate in economic trades of products and services. It is widely assumed that if a family's leader passes, the successors will honor the predetermined commitments to other households and agreed-upon swaps. When youngsters choose to demarcate a new house or if a new family from another country wishes to move in, the existing families should first consent and acknowledge the new house. Once family conflicts develop, aggression may ensue, specifically if anybody crosses an agreed boundary or interferes with a family's objectives. It is widely acknowledged that one would use force to protect one's family and financial interests. Other households do not become involved in these conflicts unless their objectives are directly harmed, or they have developed a particular relationship with some other house. Consider if you would call this arrangement a legal system. Will you even bring up the subject of laws? Maybe you'd say no instinctively. Analyze what kinds of norms and principles would have to persist even in such a situation. What is the mechanism of any type of regulation? If you go a bit deeper into these issues, you'll come across being one of the most basic legal structures present in most judicial codes. Ownership, claim, jurisdiction, and boundary exist; a notion of sovereignty and ultimate power appears to apply to people; and the system of contract is undeniably there. You'll probably come across some regulations in the shape of defined standards, and you could even come across a principle that states that 'commitments must be kept.' To convey this fundamental concept, lawyers employ the Latin term “pacta sunt servanda”. Even in such a primitive context, some customary norms and ideas remain, even though they're not referred to as "law."
| Author | : Jan Klabbers |
| Publsiher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2013-04-22 |
| Genre | : Law |
| ISBN | : 1107245168 |
| Rating | : 4.5/5 (68 downloads) |
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.
| Author | : Charlotte Ku |
| Publsiher | : Routledge |
| Total Pages | : 245 |
| Release | : 2013-03-01 |
| Genre | : Political Science |
| ISBN | : 1136582525 |
| Rating | : 4.2/5 (25 downloads) |
International Relations and International Law have developed in parallel but distinctly throughout the 20th Century. However in recent years there has been recognition that their shared concerns in areas as diverse as the environment, transnational crime and terrorism, human rights and conflict resolution outweigh their disciplinary and methodological divergences. This concise and accessible volume focuses on collaborative work within the disciplines of international law and international relations, and highlights the need to develop this collaboration further, describing the value for individuals, states, IGOs, and other non-state actors in being able to draw on the cross-pollination of international relations and international legal scholarship. This book: examines how different elements of governance are interacting and shifting from one actor to another analyses the cumulative effect of these shifts, and evaluates how they both enhance and challenge the worlds governing capacity considers how the characteristics of an architecture for a globalized governance are emerging. Helping readers to examine and understand how accumulated actions over time have given rise to system-wide changes, this work is essential reading for all students of international law, international relations and global governance.
