Public Purpose in International Law

Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
ISBN: 9781316272695
Release Date: 2015-01-31
Genre: Law

This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.

The Regulation of Continental Shelf Development

Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004256842
Release Date: 2013-08-22
Genre: Law

The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of the unresolved legal concerns related to the continental shelf. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.

Outsourcing War and Peace

Author: Laura Anne Dickinson
Publisher: Yale University Press
ISBN: 9780300144864
Release Date: 2011-01-01
Genre: Law

This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --

Normative Pluralism and International Law

Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 9781107036222
Release Date: 2013-04-22
Genre: Law

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. 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 American Influences on International Commercial Arbitration

Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
ISBN: 9780521765886
Release Date: 2009-03-30
Genre: Law

The text follows very closely the doctrinal development in the American jurisprudence of international commercial arbitration and in so doing identifies the key contributions of U.S. doctrinal developments in the area of international commercial arbitration, as all foundational case-law in those disciplines are examined. Judges, practitioners, arbitrators, and captains of industry alike will benefit from the scholarship and novel thesis embodied in this work.

Global Business Regulation

Author: John Braithwaite
Publisher: Cambridge University Press
ISBN: 9781107717503
Release Date: 2000-02-13
Genre: Business & Economics

Across an amazing sweep of the critical areas of business regulation - from contract, intellectual property and corporations law, to trade, telecommunications, labour standards, drugs, food, transport and environment - this book confronts the question of how the regulation of business has shifted from national to global institutions. Based on interviews with 500 international leaders in business and government, this book examines the role played by global institutions such as the WTO, the OECD, IMF, Moody's and the World Bank, as well as various NGOs and significant individuals. The authors argue that effective and decent global regulation depends on the determination of individuals to engage with powerful agendas and decision-making bodies that would otherwise be dominated by concentrated economic interests. This book will become a standard reference for readers in business, law, politics and international relations.

International Law in the U S Supreme Court

Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 9781139497862
Release Date: 2011-04-25
Genre: Law

From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

Solar Wind and Land

Author: Troy A. Rule
Publisher: Routledge
ISBN: 9781317671305
Release Date: 2014-09-19
Genre: Technology & Engineering

The global demand for clean, renewable energy has rapidly expanded in recent years and will likely continue to escalate in the decades to come. Wind and solar energy systems often require large quantities of land and airspace, so their growing presence is generating a diverse array of new and challenging land use conflicts. Wind turbines can create noise, disrupt views or radar systems, and threaten bird populations. Solar energy projects can cause glare effects, impact pristine wilderness areas, and deplete water resources. Developers must successfully navigate through these and myriad other land use conflicts to complete any renewable energy project. Policymakers are increasingly confronted with disputes over these issues and are searching for rules to effectively govern them. Tailoring innovative policies to address the unique conflicts that arise in the context of renewable energy development is crucial to ensuring that the law facilitates rather than impedes the continued growth of this important industry. This book describes and analyses the property and land use policy questions that most commonly arise in renewable energy development. Although it focuses primarily on issues that have arisen within the United States, the book’s discussions of international policy differences and critiques of existing approaches make it a valuable resource for anyone exploring these issues in a professional setting anywhere in the world.

The Green State

Author: Robyn Eckersley
Publisher: MIT Press
ISBN: 0262262592
Release Date: 2004-03-05
Genre: Political Science

What would constitute a definitively "green" state? In this important new book, Robyn Eckersley explores what it might take to create a green democratic state as an alternative to the classical liberal democratic state, the indiscriminate growth-dependent welfare state, and the neoliberal market-focused state -- seeking, she writes, "to navigate between undisciplined political imagination and pessimistic resignation to the status quo." In recent years, most environmental scholars and environmentalists have characterized the sovereign state as ineffectual and have criticized nations for perpetuating ecological destruction. Going consciously against the grain of much current thinking, this book argues that the state is still the preeminent political institution for addressing environmental problems. States remain the gatekeepers of the global order, and greening the state is a necessary step, Eckersley argues, toward greening domestic and international policy and law.The Green State seeks to connect the moral and practical concerns of the environmental movement with contemporary theories about the state, democracy, and justice. Eckersley's proposed "critical political ecology" expands the boundaries of the moral community to include the natural environment in which the human community is embedded. This is the first book to make the vision of a "good" green state explicit, to explore the obstacles to its achievement, and to suggest practical constitutional and multilateral arrangements that could help transform the liberal democratic state into a postliberal green democratic state. Rethinking the state in light of the principles of ecological democracy ultimately casts it in a new role: that of an ecological steward and facilitator of transboundary democracy rather than a selfish actor jealously protecting its territory.

Immigration Detention and Human Rights

Author: Galina Cornelisse
Publisher: BRILL
ISBN: 9789004173705
Release Date: 2010
Genre: Law

Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

The Foundations and Future of Financial Regulation

Author: Mads Andenas
Publisher: Routledge
ISBN: 9781135043377
Release Date: 2013-11-20
Genre: Law

Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Ruling the World

Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
ISBN: 9780521514392
Release Date: 2009-07-27
Genre: Law

"Ruling the World is the first volume to explore in a crosscutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the fundamental assumptions and critical challenges in contemporary debates over international constitutionalization."--BOOK JACKET.

The Regulatory Responses to the Global Financial Crisis Some Uncomfortable Questions

Author: Stijn Claessens
Publisher: International Monetary Fund
ISBN: 9781484336656
Release Date: 2014-03-14
Genre: Business & Economics

We identify current challenges for creating stable, yet efficient financial systems using lessons from recent and past crises. Reforms need to start from three tenets: adopting a system-wide perspective explicitly aimed at addressing market failures; understanding and incorporating into regulations agents’ incentives so as to align them better with societies’ goals; and acknowledging that risks of crises will always remain, in part due to (unknown) unknowns – be they tipping points, fault lines, or spillovers. Corresponding to these three tenets, specific areas for further reforms are identified. Policy makers need to resist, however, fine-tuning regulations: a “do not harm” approach is often preferable. And as risks will remain, crisis management needs to be made an integral part of system design, not relegated to improvisation after the fact.

Global Constitutionalism in International Legal Perspective

Author: Christine EJ Schwöbel
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004191150
Release Date: 2011-03-21
Genre: Law

Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

Transboundary Damage in International Law

Author: Hanqin Xue
Publisher: Cambridge University Press
ISBN: 1139438107
Release Date: 2003-03-13
Genre: Law

The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.