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Linkages and Boundaries in Private and Public International Law

Linkages and Boundaries in Private and Public International Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509943715
  • 出版时间 November 2020
  • 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: 9781509918621
¥492.56
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  • 描述 
  • 大纲 
  • 详细

    Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach.

    The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.

  • Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law
    Verónica Ruiz Abou-Nigm, Kasey McCall-Smith and Duncan French
    Part I: Discerning Synergies and Shared Values in International Law
    1. Connecting Public and Private International Law
    Alex Mills
    I. Introduction
    II. Sources
    III. Connections
    IV. Conclusions
    2. Windows in International Law
    Jean d'Aspremont and Francesco Giglio
    I. Introduction
    II. Roman Interpretation: Between Strict and Flexible Legal Analysis
    III. Private and Public International Law as Professionally Distinct Fields
    IV. New Descriptive Tools for Private and Public International Law
    V. Windows, (De)coders and Travellers in Private and Public International Law
    VI. Public International Law
    VII. Concluding Remarks
    3. 'International' Rules in an Internal Setting>
    Kirsty J Hood, QC
    I. Introduction
    II. Case Study: The United Kingdom
    III. Conclusion
    Part II: Functional Commonalities in International Law
    4. Jurisdiction: Betwixt Unilateralism and Global Coordination
    Duncan French and Verónica Ruiz Abou-Nigm
    I. Introduction
    II. Jurisdiction: 'Many, Too Many, Meanings'
    III. Trends towards a Global 'System'?
    IV. Bases of Jurisdiction
    V. Jurisdiction in Private International Law: Global Connectivity and 'Justice Pluralism'
    VI. Public International Law Jurisdiction: Somewhere between Law and Power
    VII. Improving Coordination of Jurisdictional Frameworks in Private and Public International Law
    VIII. Conclusions
    5. On the Dwindling Divide between the Public and Private: The Role of Soft Law Instruments in Global Governance
    Richard Collins and María Mercedes Albornoz
    I. Introduction: Global Governance and the Confluence of Public and Private International Law
    II. 'Softness' in Public International Law: 'Deformalisation' and the Emergence of Global Governance
    III. Soft Law as Governance Technique: The Case of Private International Law
    IV. Responding to Law's Globalisation? Order and Justice within Contemporary Frameworks
    6. The Role of Global Values in the Evaluation of Public Policy in International Investment and ommercial Arbitration
    María Blanca Noodt Taquela and Ana María Daza-Clark
    I. Introduction
    II. Public Policy as an Exception to Compliance with International Obligations
    III. Public Policy and the Difficulties in its Definition
    IV. Public Policy as a Narrow Exception in Private International Law and a Broad Defence in Public International Law
    V. Types of Global Values that Influence International Arbitration
    VI. Incidence of Global Values in the Interpretation of Public Policy in International and Commercial and Investment Arbitration
    VII. Conclusions
    Part III: Exploring Linkages and Boundaries in International Law
    7. Reconciling Human Rights and Supply Chain Management through Corporate Social Responsibility
    Kasey McCall-Smith and Andreas Rühmkorf
    I. Introduction
    II. CSR and Global Supply Chain Management: The Developing Legal Framework
    III. The Barriers in Public International Law
    IV. The Barriers in Private International Law
    V. Case Study of the Mobile Phone Industry
    VI. Towards a Hybrid Regulatory Approach: Transcending the Limits of Private and Public International Law
    VII. Conclusion
    8. Realising the Objectives of Public International Environmental Law through Private Contracts: The Need for a Dialogue with Private International Law Scholars
    Elisa Morgera and Lorna Gillies
    I. Introduction
    II. The Nagoya Protocol and Ad Hoc Private Contracts
    III. Standardised Contractual Clauses under the International Treaty
    IV. Overall Reflection
    9. International Investment Arbitration and the Arduous Route to Transparency
    Sharon E Foster
    I. Introduction
    II. History
    III. International Commercial Arbitration in Private International Law: Confidentiality and Privacy as the Norm
    IV. Investor-State Arbitration in Public International Law: Transparency as the Demand
    V. Clash of Public Values with Functional Approaches
    VI. How Private Values and Public Values Meet
    VII. Dispute Settlement in the Proposed TTIP, TPP and CETA
    VIII. Conclusions
    10. Protecting Whistleblowers: The Roles of Public and Private International Law
    Dimitrios Kagiaros and Amanda Wyper
    I. Introduction
    II. Regulatory Approaches to Whistleblowing: Protection and Incentives
    III. Domestic UK Whistleblowing Regulation
    IV. Private International Law
    V. The Contribution of Public International Law to Whistleblowing
    VI. Which States are Responsible for Providing Protection in a Cross-border Disclosure?
    VII. Conclusions

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