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Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade de Photini Pazartzis

Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade

Editat de Photini Pazartzis, Maria Gavouneli
en Limba Engleză Hardback – 15 iun 2016
The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
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Specificații

ISBN-13: 9781849468800
ISBN-10: 184946880X
Pagini: 520
Dimensiuni: 156 x 234 x 36 mm
Greutate: 0.91 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This collection examines the UN General Assembly on the Rule of Law at the National and International Level's commitment to the rule of law.

Notă biografică

Photini Pazartzis is Professor of International Law at the National and Kapodistrian University of Athens.Maria Gavouneli is Assistant Professor of International Law at the University of Athens.Anastasios Gourgourinis is Lecturer in Public International Law and Matina Papadaki is a PhD candidate, both at the National and Kapodistrian University of Athens.

Cuprins

Part I: Contemporary Challenges of Global Governance in the Spotlight Section 1: Actors and Processes Revisited 1 The Transparency of Global Governance Anne Peters2 Between Flexibility and Stability: Ad Hoc Procedures and/or Judicial Institutions? Chiara Giorgetti3 Domestic Courts as Compliance Enforcers Mizushima Tomonori4 Towards Reinforcing or Contesting the Vision of the Rule of Law? Myriam Senn5 Formation of International Custom and the Role of Non-State Actors George D KyriakopoulosSection 2: Factors and Structures Reconsidered 6 Disaster Relief in International Law Gabriella Venturini7 After 60 Years: The International Legal Regime Protecting Stateless Persons-Stocktaking and New Tendencies Tamás Molnár8 Responsibility to Protect (R2P) and Minorities Vassilios Grammatikas9 Governance of Financial Crises: A Role for the International Protection of Economic and Social Rights? Lorenza Mola10 Recent Regulatory Initiatives in the Ratings Industry: CRA III and the ESMA Proposals on Structured Finance, the Performance of Agencies and their Fee Arrangements Emmanuel P Mastromanolis11 The Odious Debt Doctrine: The Past and the Challenges of the Present Georgios Nikolaides-KrassasPart II: International Legal Facets of the Modern Race towards Resources Section 1: Protecting the Past 12 'Return of Cultural Treasures to their Countries of Origin': Principle or Trend in Cultural Property Law? Irini Stamatoudi13 The Cultural Heritage of Mankind beyond UNESCO: The Case of International Financial Institutions Antonia ZervakiSection 2: Sharing the Present and Safeguarding the Future 14 Something Fishy about Fisheries: High Seas Fisheries and the Common Resource Conundrum Rosemary Rayfuse15 Biodiversity, Marine Protected Areas and Areas beyond National Jurisdiction Antonios Antonopoulos16 Turkish Objections to Exclusive Economic Zone Agreements Concluded by Cyprus Erik Franckx and Marco Benatar17 Towards the Acceptance of the Equidistance Rule in the Delimitation of the Continental Shelf and the Exclusive Economic Zone: The Role of International Jurisprudence Maria Xiouri18 Collective Responsibility for Water in Central Asia Mindia Vashakmadze19 International Law, Governance and Trade of Water Services Andreia Costa VieiraPart III: Towards a New Order for International Investment and Trade Section 1: International Arbitration at a Crossroads 20 The Rule of Law in International Investment Arbitration August Reinisch21 Three Pillars of International Public Policy Georgios Petrochilos22 Abuse of Rights in Modern International Investment Arbitration: The Rule of Law Revisited? The Practitioner's View Stratis G Georgilas23 Abstract Interpretations in International Investment Law Friedrich RosenfeldSection 2: International Trade in Transformation 24 Regionalism and the Constitutionalization of the WTO Dencho Georgiev25 OPEC Production Quotas and the World Trade Organization Paolo Davide Farah and Elena Cima26 The Role of the WTO in Addressing Regulatory Pricing Policies in the Energy Sector Ilaria Espa27 Legitimate Countermeasures in International Trade Law and their Illegality in International Investment Law Junianto James Losari and Michael Ewing-Chow28 Duplicating the Trade Law 'Spaghetti Bowl'? Increasing Regionalization and Overlap of Investment Treaties-a Review of State Practice Wolfgang Alschner29 Most-Favoured Nation and National Treatment in the EU and US Regional Trade Agreements-Tools for Equal or Discriminatory Treatment? Magdalena Slok-Wodkowska30 Recent Trends of Common Commercial Policy of the European Union: From Global to Regional (and Back?) in the Governance of International Economic Order Chiara Cellerino

Recenzii

The thirty articles explore the concept of the rule of law taking a multi-disciplinary approach and their collection provides an important contribution to a better understanding of various forms of the rule of law in international law. Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade is thus a much recommended and stimulating reading for those interested in contemporary international law and its different fields.

Descriere

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The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.