Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017): Collected Courses of the Xiamen Academy of International Law, cartea 11
Editat de Chia-Jui Chengen Limba Engleză Hardback – 30 noi 2017
In recent years, private international law has become intertwined with public international law. Van Loon's essay on "At the Cross-Roads of Public and Private International Law - The Hague Conference on Private International [and its Work]" evidences that the system of modern international law is inseparable from private international law.
One of the most highly qualified figures in international marine environment law is Prof. Bimal N. Patel, Director and Professor of Public International Law, Gujarat National Law University in India. The protection and preservation of the marine environment has been the subject of global and regional cooperation within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other multilateral treaties thereof. Prof. Patel's essay on "Marine Environment Law and Practice of China, India, Japan and Korea" provides a timely study of the material sources of international marine environmental law.
Prof. Ernst-Ulrich Petersmann has been a pioneer in formulating the material part of international economic law in each of its developmental stage. His essays display remarkable intellectual vitality, illustrating his new initiatives in the subject of international economic law. He was first invited to lecture at the Xiamen summer programme in 2006, on "New Dimensions of International Economic Law", and he was again invited to deliver a lecture on "Methodological Problems in International Trade, Investment and Health Law and Adjudication" at the commemoration of the tenth anniversary of the establishment of Xiamen Academy in 2015. With his practical experience with the World Trade Organization (WTO), and teaching and research at the European University Institute in Florence, Prof. Petersmann has not only promoted and illuminated public international economic law, he is also one of a group of highly qualified scholars who have been writing and collaborating with others in order to lay the foundation of modern international economic law.
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Specificații
ISBN-13: 9789004353534
ISBN-10: 9004353534
Pagini: 330
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Collected Courses of the Xiamen Academy of International Law
ISBN-10: 9004353534
Pagini: 330
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Collected Courses of the Xiamen Academy of International Law
Cuprins
Preface
Notes on Contributors
At the Cross-roads of Public and Private International Law – The Hague Conference on Private International Law and Its Work
Hans Van Loon
1 Role and Mission of the Hague Conference on Private International Law
aAn Intergovernmental Organisation Concerned with Private Relationships and Transactions
bDiversity of Private Law
cUnification of Private Law
dDiversity of Private International Law
eUnification of Private International Law: The Mission of the Hague Conference
2 Origin and Development of the Hague Conference
aBirth of the Hague Conference
bEstablishment as a Permanent Intergovernmental Organisation
cEarly Innovations
dBridging the Civil and Common Law Divide
eBridging the Divide between Systems Based on Faith and Secular Systems
3 The Impact of Contemporary Globalisation
aGlobalisation and Its Impact on the Nation-state
bProliferation of Legislation at All Levels – Expansion of the Hague Conference
cImpact of Globalisation on Private International Law Approaches and Methods
4 Hague Conventions Promoting Global Trade, Investment and Finance
aThe Global Framework Regulating the Cross-border Movement of Goods, Services, Capital and Workers
bHague Instruments Concerning Global Trade, Investment and Finance
5 Hague Conventions Promoting Administrative and Judicial Cooperation
a1961 Hague Apostille Convention
b1965 Hague Service Convention
c1971 Hague Evidence Convention
d1980 Access to Justice Convention
6 Hague Conventions Promoting Personal Security and Protecting Families in Cross Border Situations
aThe Global Framework for the Protection of Private and Human Rights in Cross-border Situations
bHague Conventions on Marriage and Divorce
cHague Conventions on the Protection of Children
7 Outlook – (Potential) Significance of the Hague Conference and Its Work for the Asia-Pacific Region
Selected Publications
Marine Environment Law and Practice of China, India, Japan and Korea
Bimal N. Patel
1 General Introduction – International Obligations in Municipal Legal System
aIntroduction
bState Practice: An Essential Element of Customary International Law
cNeed for Maritime Environmental Laws
dEnforcement of International Marine Agreements by the Four Nations
2 Legislative Implementation of International Obligations in Four States
aPeople’s Republic of China
bIndia
cJapan
dRepublic of Korea
3 unclos and International Marine Environmental Law
aSources and Type of Marine Pollution
bLegal Framework – unclos and Regional Treaties
cOperational Vessel-Source Pollution
dunclos Jurisdictional Framework
eAccidental Vessel-Source Pollution
fPollution Emergencies
gVessel Source Pollution
hCivil Liability
iSeabed Pollution
jDumping at Sea
kLand-Based and Atmospheric Pollution
4 Marine Environmental Protection: Legislations, Policies Mechanisms, Practices, Issues and Challenges
a Major Marine Environmental Issues and Trends
5 International Marine Environmental Law Practice
a China
b India
c Japan
d Republic of Korea
6 General Conclusions and Suggestions
aThe Enforcement of Environmental Agreements Generally
bPollution Control on the Development of Mineral Resources in Coastal Regions
cConclusion
dFive Important Take-Away on Future Possibilities
eRegional Dimensions of Global Issues
fMonitoring, Verification, and Non-coercive Enforcement
Methodological Problems in International Trade, Investment and Health Law and Adjudication
Ernst Ulrich Petersmann
Introduction: International Economic Law as an ‘imagined order’ and as Incomplete, Fragmented and Under-theorized ‘positive law’
1Legal Methodology for iel: The Public Good of an Open Trading System as a Multilevel ‘republic of citizens’ (res publica)?
aFrom Jurisprudence to Legal Philosophy
bThe ‘human condition’ and the ‘dual nature’ of Modern Legal Systems
cFrom State-centered to Citizen-centered Conceptions of International Law?
dCosmopolitan International Economic Law? The pg of an Open Trading System as a ‘republic of citizens’?
2 How to Justify and Design iel for Multilevel ‘republics of citizens and peoples’?
aRepublican Theories of ‘aggregate pgs’ and ‘collective action problems’
bCompeting Conceptions of iel and of Its Underlying ‘principles of justice’
cDoes hrl Require Cosmopolitan Conceptions of iel and ‘multilevel republicanism’?
3 ‘Constitutional justice’, Different ‘contexts of justice’, Their Democratic Regulation and Judicial Clarification
aDialectic ‘fragmentation’ and ‘integration’ of Legal Systems Through Democratic, Republican and Cosmopolitan Constitutionalism
bNeed for Comparative Institutionalism
cNeed for Challenging Path-dependent iel
dFrom ‘constitutionalism 1.0’ to Multilevel ‘cosmopolitan constitutionalism 3.0’
eNeed for ‘connecting’ Multilevel Market Regulations Through Domestic Application of ‘pgs treaties’
4 Multilevel Governance Problems of ‘global pgs’: From ‘law and economics’ towards the ‘Geneva consensus’
aThe ‘Washington consensus’ on ‘law and economics’ in iel
bThe Limits of ‘trade theories’ for Explaining Trade Regulation
cFrom ‘justice as efficiency’ to ‘constitutional economics’ and ‘human development’
dThe Dialectic Evolution of iel: Towards a ‘Geneva consensus’ (P. Lamy) on Citizen-driven ‘network governance’?
eMultilevel Governance and ‘regulatory competition’
5 Legal Fragmentation: How to Reconcile Investment Law and Adjudication with Human Rights?
aThe Transformation of International Investment Law Through Investment Treaties and Arbitration
bHow to Reconcile Investment Law with Human Rights Law?
cThe Different Perspectives of Investors, Home and Host States, Amici Curiae and Judges in isds
6 How to Reconcile Health Law and iel with Human Rights Law? The Example of Multilevel Tobacco Control Litigation
aWorldwide Recognition of Rights to Health Protection
bThe wto Complaints against Australia’s Legislation on ‘plain-packaging’ of Tobacco Products
c‘Balancing methods’ Used in wto Tobacco Control Disputes
dAdministration of Justice in Investor-state Tobacco Disputes?
7 Outlook: Republican and Democratic Constitutionalism Can Legitimize Multilevel Governance of pgs and ‘global legal pluralism’
aHow to Limit the Reality of ‘global legal pluralism’?
bLegal, Sociological and Moral Legitimacy in Multilevel Governance of Public Goods
cFrom the ‘mandate of heaven’ to ‘constitutional functions’ of iel in China?
dChina’s 2014 ‘rule of law’ Strategy: Does Law Prevail over the Communist Party?
eNeed for ‘multilevel republicanism’ in Multilevel Governance of Global ‘aggregate pgs’
fConclusion: Promoting ‘constitutional justice’ Through Republican Rights for Local Protection of Transnational ‘aggregate public goods’
Index
Notes on Contributors
At the Cross-roads of Public and Private International Law – The Hague Conference on Private International Law and Its Work
Hans Van Loon
1 Role and Mission of the Hague Conference on Private International Law
aAn Intergovernmental Organisation Concerned with Private Relationships and Transactions
bDiversity of Private Law
cUnification of Private Law
dDiversity of Private International Law
eUnification of Private International Law: The Mission of the Hague Conference
2 Origin and Development of the Hague Conference
aBirth of the Hague Conference
bEstablishment as a Permanent Intergovernmental Organisation
cEarly Innovations
dBridging the Civil and Common Law Divide
eBridging the Divide between Systems Based on Faith and Secular Systems
3 The Impact of Contemporary Globalisation
aGlobalisation and Its Impact on the Nation-state
bProliferation of Legislation at All Levels – Expansion of the Hague Conference
cImpact of Globalisation on Private International Law Approaches and Methods
4 Hague Conventions Promoting Global Trade, Investment and Finance
aThe Global Framework Regulating the Cross-border Movement of Goods, Services, Capital and Workers
bHague Instruments Concerning Global Trade, Investment and Finance
5 Hague Conventions Promoting Administrative and Judicial Cooperation
a1961 Hague Apostille Convention
b1965 Hague Service Convention
c1971 Hague Evidence Convention
d1980 Access to Justice Convention
6 Hague Conventions Promoting Personal Security and Protecting Families in Cross Border Situations
aThe Global Framework for the Protection of Private and Human Rights in Cross-border Situations
bHague Conventions on Marriage and Divorce
cHague Conventions on the Protection of Children
7 Outlook – (Potential) Significance of the Hague Conference and Its Work for the Asia-Pacific Region
Selected Publications
Marine Environment Law and Practice of China, India, Japan and Korea
Bimal N. Patel
1 General Introduction – International Obligations in Municipal Legal System
aIntroduction
bState Practice: An Essential Element of Customary International Law
cNeed for Maritime Environmental Laws
dEnforcement of International Marine Agreements by the Four Nations
2 Legislative Implementation of International Obligations in Four States
aPeople’s Republic of China
bIndia
cJapan
dRepublic of Korea
3 unclos and International Marine Environmental Law
aSources and Type of Marine Pollution
bLegal Framework – unclos and Regional Treaties
cOperational Vessel-Source Pollution
dunclos Jurisdictional Framework
eAccidental Vessel-Source Pollution
fPollution Emergencies
gVessel Source Pollution
hCivil Liability
iSeabed Pollution
jDumping at Sea
kLand-Based and Atmospheric Pollution
4 Marine Environmental Protection: Legislations, Policies Mechanisms, Practices, Issues and Challenges
a Major Marine Environmental Issues and Trends
5 International Marine Environmental Law Practice
a China
b India
c Japan
d Republic of Korea
6 General Conclusions and Suggestions
aThe Enforcement of Environmental Agreements Generally
bPollution Control on the Development of Mineral Resources in Coastal Regions
cConclusion
dFive Important Take-Away on Future Possibilities
eRegional Dimensions of Global Issues
fMonitoring, Verification, and Non-coercive Enforcement
Methodological Problems in International Trade, Investment and Health Law and Adjudication
Ernst Ulrich Petersmann
Introduction: International Economic Law as an ‘imagined order’ and as Incomplete, Fragmented and Under-theorized ‘positive law’
1Legal Methodology for iel: The Public Good of an Open Trading System as a Multilevel ‘republic of citizens’ (res publica)?
aFrom Jurisprudence to Legal Philosophy
bThe ‘human condition’ and the ‘dual nature’ of Modern Legal Systems
cFrom State-centered to Citizen-centered Conceptions of International Law?
dCosmopolitan International Economic Law? The pg of an Open Trading System as a ‘republic of citizens’?
2 How to Justify and Design iel for Multilevel ‘republics of citizens and peoples’?
aRepublican Theories of ‘aggregate pgs’ and ‘collective action problems’
bCompeting Conceptions of iel and of Its Underlying ‘principles of justice’
cDoes hrl Require Cosmopolitan Conceptions of iel and ‘multilevel republicanism’?
3 ‘Constitutional justice’, Different ‘contexts of justice’, Their Democratic Regulation and Judicial Clarification
aDialectic ‘fragmentation’ and ‘integration’ of Legal Systems Through Democratic, Republican and Cosmopolitan Constitutionalism
bNeed for Comparative Institutionalism
cNeed for Challenging Path-dependent iel
dFrom ‘constitutionalism 1.0’ to Multilevel ‘cosmopolitan constitutionalism 3.0’
eNeed for ‘connecting’ Multilevel Market Regulations Through Domestic Application of ‘pgs treaties’
4 Multilevel Governance Problems of ‘global pgs’: From ‘law and economics’ towards the ‘Geneva consensus’
aThe ‘Washington consensus’ on ‘law and economics’ in iel
bThe Limits of ‘trade theories’ for Explaining Trade Regulation
cFrom ‘justice as efficiency’ to ‘constitutional economics’ and ‘human development’
dThe Dialectic Evolution of iel: Towards a ‘Geneva consensus’ (P. Lamy) on Citizen-driven ‘network governance’?
eMultilevel Governance and ‘regulatory competition’
5 Legal Fragmentation: How to Reconcile Investment Law and Adjudication with Human Rights?
aThe Transformation of International Investment Law Through Investment Treaties and Arbitration
bHow to Reconcile Investment Law with Human Rights Law?
cThe Different Perspectives of Investors, Home and Host States, Amici Curiae and Judges in isds
6 How to Reconcile Health Law and iel with Human Rights Law? The Example of Multilevel Tobacco Control Litigation
aWorldwide Recognition of Rights to Health Protection
bThe wto Complaints against Australia’s Legislation on ‘plain-packaging’ of Tobacco Products
c‘Balancing methods’ Used in wto Tobacco Control Disputes
dAdministration of Justice in Investor-state Tobacco Disputes?
7 Outlook: Republican and Democratic Constitutionalism Can Legitimize Multilevel Governance of pgs and ‘global legal pluralism’
aHow to Limit the Reality of ‘global legal pluralism’?
bLegal, Sociological and Moral Legitimacy in Multilevel Governance of Public Goods
cFrom the ‘mandate of heaven’ to ‘constitutional functions’ of iel in China?
dChina’s 2014 ‘rule of law’ Strategy: Does Law Prevail over the Communist Party?
eNeed for ‘multilevel republicanism’ in Multilevel Governance of Global ‘aggregate pgs’
fConclusion: Promoting ‘constitutional justice’ Through Republican Rights for Local Protection of Transnational ‘aggregate public goods’
Index
Notă biografică
Cheng Chia-Jui LLD (1968), National Athens University, is Professor of International Law. Currently he is also Secretary-General of Xiamen Academy of International Law and Secretary-General of Asia Academy of Comparative Law. He has published monographs and many articles on International and Comparative Law.