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Reconceptualising the rule of law in global governance, resources, investment and trade
- Author / Creator
- Available as
- Online
Details
- Creator
- edited by Photini Pazartzis [and three others]
- Format
- Books
- Language
- English
- Contributors
- Publication
-
- Oxford, England ; Portland, Oregon : Hart Publishing, 2016
- ©2016
- Physical Details
-
- 1 online resource (518 p.)
- ISBNs
- 9781509901784, 1509901787, 1509924744, 184946880X
- Includes index.
- Cover; Half-title; Title; Copyright; Preface; Contents; Introduction; Part I: Contemporary Challenges of Global Governance in the Spotlight; Section 1: Actors and Processes Revisited; 1 The Transparency of Global Governance; I. PROBLÉMATIQUE AND CONCEPTS; II. THE NORMATIVE QUALITY OF TRANSPARENCY; III. THE VALUE AND FUNCTIONS OF TRANSPARENCY; IV. DRAWBACKS OF TRANSPARENCY; V. POLICY RECOMMENDATIONS; VI. CONCLUSIONS; 2 Between Flexibility and Stability: Ad Hoc Procedures and/or Judicial Institutions?; I. INTRODUCTION; II. FLEXIBILITY V STABILITY: THE ABILITY TO CHOOSE THE ARBITRAL TRIBUNAL
- III. FLEXIBILITY ON RULES OF PROCEDURESA. Length of Proceedings; B. Terms of Reference of the Tribunal; C. Number and Types of Parties; IV. CHOOSING BETWEEN CONFIDENTIALITY AND PUBLICITY; V. FLEXIBILITY ON APPLICABLE LAW; VI. FLEXIBILITY V. STABILITY: THE BINDING NATURE OF THE AWARD, ENFORCEABILITY AND POST-JUDGMENT REMEDIES; VII. CONCLUSION; 3 Domestic Courts as Compliance Enforcers; I. INTRODUCTION; II. ENFORCEMENT OF INVESTMENT ARBITRAL AWARDS BY DOMESTIC COURTS; A. ICSID Arbitral Awards; B. Other Investment Arbitral Awards
- III. SOVEREIGN IMMUNITY FROM EXECUTION AS APPLIED BY DOMESTIC COURTSA. Expansive Interpretation of Sovereign Property; B. Restrictive Interpretation of a Waiver of Sovereign Immunity; IV. CONCLUDING REMARKS; 4 Towards Reinforcing or Contesting the Vision of the Rule of Law?; I. INTRODUCTION; II. CHARACTERISTICS OF THE RULE OF LAW; III. THE ISSUES; A. Rule of Law as a Concept of the West; B. Role of the Political System; IV. PROSPECTS FOR GOVERNANCE; A. Structural Aspects; B. Elements of a Governance Approach; V. CONCLUSION; 5 Formation of International Custom and the Role of Non-State Actors
- I. THE IMPORTANCE OF STATE PRACTICE IN THE FORMATION OF INTERNATIONAL CUSTOMARY LAWA. Formation and Evidence of International Customary Law; B. The 'Modern' Approach Weakness: The Evaluation of Negative or Controversial Practice; C. A 'Gordian' Solution: Resorting to General Principles of International Law Rather Than to International Customary Rules; II. BEYOND STATE PRACTICE: IS IT TIME TO TAKE INTO CONSIDERATION WHAT NON-STATE ACTORS DO?; A. Non-state Actors' Participation in the Formation of International Custom: Behind the Scenes of State Practice
- B. Towards a Limited Acceptance of the Role of Non-state Actors in the Formation of International CustomIII. CONCLUDING REMARKS; Section 2: Factors and Structures Reconsidered; 6 Disaster Relief in International Law; I. DISASTER RELIEF AND INTERNATIONAL ORGANIZATION; II. THE ACTORS AND THE LAW OF DISASTER RELIEF; III. SOVEREIGNTY V COOPERATION IN DISASTER RELIEF; IV. WHAT IS THE ROLE OF 'RESPONSIBILITY TO PROTECT'?; V. THE EMERGING RIGHT TO HUMANITARIAN ASSISTANCE; VI. THE FUTURE OF DISASTER RESPONSE
- 7 After 60 Years: The International Legal Regime Protecting Stateless Persons-Stocktaking and New Tendencies