The Crisis Of Multilateral Legal Order
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| Author | : Lukasz Gruszczynski |
| Publisher | : Taylor & Francis |
| Total Pages | : 329 |
| Release | : 2022-09-15 |
| Genre | : Law |
| ISBN | : 1000635333 |
Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.
| Author | : George Ulrich |
| Publisher | : |
| Total Pages | : 369 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0198849664 |
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
| Author | : Peter Cane |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1071 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780199248179 |
This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.
| Author | : Petros C. Mavroidis |
| Publisher | : Princeton University Press |
| Total Pages | : 262 |
| Release | : 2021-01-05 |
| Genre | : Business & Economics |
| ISBN | : 0691206597 |
"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.
| Author | : Terence C. Halliday |
| Publisher | : Cambridge University Press |
| Total Pages | : 559 |
| Release | : 2015-01-19 |
| Genre | : Business & Economics |
| ISBN | : 1107069920 |
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
| Author | : Makane Moïse Mbengue |
| Publisher | : BRILL |
| Total Pages | : 208 |
| Release | : 2021-11-15 |
| Genre | : Law |
| ISBN | : 9004472363 |
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
| Author | : Gábor Kajtár |
| Publisher | : Oxford University Press |
| Total Pages | : 369 |
| Release | : 2022-10-31 |
| Genre | : Law |
| ISBN | : 0192695614 |
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
| Author | : Simon Curtis |
| Publisher | : Routledge |
| Total Pages | : 201 |
| Release | : 2014-04-16 |
| Genre | : Political Science |
| ISBN | : 1317915860 |
Cities have become increasingly important to global politics, but have largely occupied a peripheral place in the academic study of International Relations (IR). This is a notable oversight for the discipline, although one which may be explained by IR’s traditional state centrism, the subjugation of the city to the demands of the territorial state in the modern period, and a lack of conceptual and analytical frameworks that can allow scholars to include the impact of cities within their work. Presenting case-specific scholarship from leading experts in the field, each contribution guides the reader through the changing nature of cities in the international system and their increasing prominence in global governance outcomes. The book features case studies on the financial power of cities, city action in the security domain, collaboration of cities in coping with environmental problems, transnational urban regions, and mayors as international actors to illustrate if the relationship between the city and the state has changed in profound ways, and how cities are empowered by structural changes in world politics. The multidisciplinary and global focus in The Power of Cities in International Relations sheds much needed light on the significance of the reemergence of cities from the long shadow of the nation-state. Only by examining the mechanisms that have empowered cities in the last few decades can we understand their new functions and capabilities in global politics.
| Author | : Peter Van den Bossche |
| Publisher | : Cambridge University Press |
| Total Pages | : 784 |
| Release | : 2005-06-10 |
| Genre | : Law |
| ISBN | : 9781139445559 |
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
| Author | : Federico Lorenzo Ramaioli |
| Publisher | : Springer Nature |
| Total Pages | : 304 |
| Release | : 2024 |
| Genre | : Comparative law |
| ISBN | : 3031378369 |
Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea
