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| Title |
Reconceptualising the rule of law in global governance, resources, investment and trade / edited by Photini Pazartzis [and three others]. |
|---|---|
| Publisher |
Oxford, England Portland, Oregon : Hart Publishing |
| Creation Date |
2016 |
| Notes |
Includes index. |
| Content |
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 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? 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 |
| Extent |
1 online resource (518 p.) |
| Language |
English |
| Copyright Date |
©2016 |
| National Library system number |
997010721074805171 |
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