Contested Regime Collisions
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Author | : Kerstin Blome |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2016-04-21 |
Genre | : Law |
ISBN | : 1107126576 |
This study of regime collisions in international law combines theoretical contributions by leading scholars in the field with case studies.
Author | : Margaret A. Young |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139504932 |
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author | : Cornelia Furculiță |
Publisher | : Springer Nature |
Total Pages | : 371 |
Release | : 2021-09-10 |
Genre | : Law |
ISBN | : 3030831183 |
This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
Author | : Paul G. Harris |
Publisher | : Cambridge University Press |
Total Pages | : 465 |
Release | : 2019-02-21 |
Genre | : Business & Economics |
ISBN | : 1108422489 |
Offers a multidisciplinary edited volume on policy dimensions of climate change for the world's oceans, for researchers, policymakers and activists.
Author | : Walter Mattli |
Publisher | : OUP Oxford |
Total Pages | : 263 |
Release | : 2014-07-18 |
Genre | : Political Science |
ISBN | : 0191026131 |
Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.
Author | : Anni Pues |
Publisher | : Bloomsbury Publishing |
Total Pages | : 261 |
Release | : 2020-07-09 |
Genre | : Law |
ISBN | : 1509928707 |
This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.
Author | : Phil Orchard |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2024-06-06 |
Genre | : Philosophy |
ISBN | : 1009479164 |
Introduces an interpretation-contestation framework for comprehending the emergence, transformation, and legitimacy of international norms.
Author | : Henner Gött |
Publisher | : Springer Nature |
Total Pages | : 539 |
Release | : 2021-02-02 |
Genre | : Law |
ISBN | : 3662623897 |
The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Author | : Kerstin Blome |
Publisher | : |
Total Pages | : 398 |
Release | : 2016 |
Genre | : Conflict of laws |
ISBN | : 9781316555675 |
This study of regime collisions in international law combines theoretical contributions by leading scholars in the field and case studies.
Author | : Emilia Korkea-aho |
Publisher | : Cambridge University Press |
Total Pages | : 337 |
Release | : 2022-10-31 |
Genre | : Law |
ISBN | : 1108830129 |
This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.