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

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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509924745
  • 出版时间 October 2018
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781849468800
AU$92.53
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  • 描述 
  • 大纲 
  • 详细

    The importance of the rule of law to the international legal order has always been clear and was most recently confirmed with 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 examines how exactly this commitment to the rule of law manifests itself. Looking at cutting edge issues within each field, it also examines those questions that arise from the interplay between the different fields.

    With a clear three part structure, it explores each area in detail, asking what contemporary challenges are faced while trying to assure a commitment to the rules of and how it has been or should be reconceptualised. The multi-disciplinary approach will assure the book will appeal to international lawyers from across the spectrum. It will also apply to practitioners in the field of international investment and trade law.

  • Part I: Contemporary Challenges of Global Governance in the Spotlight
    Section 1: Actors and Processes Revisited
    1.
    The Transparency of Global Governance
    Anne Peters
    2.
    Between Flexibility and Stability: Ad Hoc Procedures and/or Judicial Institutions?
    Chiara Giorgetti
    3.
    Domestic Courts as Compliance Enforcers
    Mizushima Tomonori
    4.
    Towards Reinforcing or Contesting the Vision of the Rule of Law?
    Myriam Senn
    5.
    Formation of International Custom and the Role of Non-State Actors
    George D Kyriakopoulos
    Section 2: Factors and Structures Reconsidered
    6.
    Disaster Relief in International Law
    Gabriella Venturini
    7.
    After 60 Years: The International Legal Regime Protecting Stateless Persons-Stocktaking and New Tendencies
    Tamás Molnár
    8.
    Responsibility to Protect (R2P) and Minorities
    Vassilios Grammatikas
    9.
    Governance of Financial Crises: A Role for the International Protection of Economic and Social Rights?
    Lorenza Mola
    10.
    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 Mastromanolis
    11.
    The Odious Debt Doctrine: The Past and the Challenges of the Present
    Georgios Nikolaides-Krassas

    Part 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 Stamatoudi
    13.
    The Cultural Heritage of Mankind beyond UNESCO: The Case of International Financial Institutions
    Antonia Zervaki
    Section 2: Sharing the Present and Safeguarding the Future
    14.
    Something Fishy about Fisheries: High Seas Fisheries and the Common Resource Conundrum
    Rosemary Rayfuse
    15.
    Biodiversity, Marine Protected Areas and Areas beyond National Jurisdiction
    Antonios Antonopoulos
    16.
    Turkish Objections to Exclusive Economic Zone Agreements Concluded by Cyprus
    Erik Franckx and Marco Benatar
    17.
    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 Xiouri-
    18.
    Collective Responsibility for Water in Central Asia
    Mindia Vashakmadze
    19.
    International Law, Governance and Trade of Water Services
    Andreia Costa Vieira

    Part 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 Reinisch
    21.
    Three Pillars of International Public Policy
    Georgios Petrochilos
    22.
    Abuse of Rights in Modern International Investment Arbitration: The Rule of Law Revisited? The Practitioner's View
    Stratis G Georgilas
    23.
    Abstract Interpretations in International Investment Law
    Friedrich Rosenfeld
    Section 2: International Trade in Transformation
    24.
    Regionalism and the Constitutionalization of the WTO
    Dencho Georgiev
    25.
    OPEC Production Quotas and the World Trade Organization
    Paolo Davide Farah and Elena Cima
    26.
    The Role of the WTO in Addressing Regulatory Pricing Policies in the Energy Sector
    Ilaria Espa
    27.
    Legitimate Countermeasures in International Trade Law and their Illegality in International Investment Law
    Junianto James Losari and Michael Ewing-Chow
    28.
    Duplicating the Trade Law 'Spaghetti Bowl'? Increasing Regionalization and Overlap of Investment Treaties-a Review of State Practice
    Wolfgang Alschner
    29.
    Most-Favoured Nation and National Treatment in the EU and US Regional Trade Agreements-Tools for Equal or Discriminatory Treatment?
    Magdalena Slok-Wodkowska
    30.
    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

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