Reflections on Global Law

Reflections on Global Law

Author: Shavana Musa

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004260955

Category: Law

Page: 242

View: 442

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Reflections on Global Law provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines.

Reflections on Global Law

Reflections on Global Law

Author: Shavana Musa

Publisher: Martinus Nijhoff Publishing

ISBN: 9004260390

Category: Law

Page: 234

View: 915

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This book provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines. In a globalised world, it is important that one is able to look beyond the 'local', given that there are now a whole host of different types of jurisdictions at work. This book touches upon the interdisciplinary character and complexities of global law and demonstrates the further need, within academia, to delve into this newly emerging field of law.

Reflections on Canada's Past, Present and Future in International Law/Réflexions sur le passé, le présent et l'avenir du Canada en droit international

Reflections on Canada's Past, Present and Future in International Law/Réflexions sur le passé, le présent et l'avenir du Canada en droit international

Author: Oonagh E. Fitzgerald

Publisher: McGill-Queen's Press - MQUP

ISBN: 9781928096689

Category: Political Science

Page: 425

View: 127

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Marking 150 years since Confederation provides an opportunity for Canadian international law practitioners and scholars to reflect on Canada’s rich history in international law and governance, where we find ourselves today in the community of nations, and how we might help shape a future in which Canada’s rules-based and progressive approach to international law gains ascendancy. This collection of essays, each written in the official language chosen by the authors, provides a thoughtful perspective on Canada’s past and present in international law, surveys the challenges that lie before us, and offers renewed focus for Canada’s pursuit of global justice and the rule of law. Part I explores the history and practice of international law, including sources of international law, Indigenous treaties, international treaty diplomacy, domestic reception of international law, and Parliament’s role in international law. Part II explores Canada’s role in international law, governance and innovation in the broad fields of economic, environmental, and intellectual property law. Part III explores Canadian perspectives on developments in international human rights and humanitarian law, including judicial implementation of these obligations, international labour law, business and human rights, international criminal law, war crimes, child soldiers, and gender. Reflections on Canada’s Past, Present and Future in International Law/Réflexions sur le passé, le présent et l’avenir du Canada en droit international demonstrates the pivotal role that Canada has played in the development of international law and signals the essential contributions the country is poised to make in the future.

Reflections on the Constitutionalisation of International Economic Law

Reflections on the Constitutionalisation of International Economic Law

Author:

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004228832

Category: Business & Economics

Page: 636

View: 157

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This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian.

Introduction to Law and Global Governance

Introduction to Law and Global Governance

Author: Elaine Fahey

Publisher: Edward Elgar Publishing

ISBN: 9781788970518

Category: Law

Page: 168

View: 456

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This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.

The Pillars of Global Law

The Pillars of Global Law

Author: Giuliana Ziccardi Capaldo

Publisher: Routledge

ISBN: 9781317021346

Category: Law

Page: 452

View: 377

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This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

The Environment, Risk and Liability in International Law

The Environment, Risk and Liability in International Law

Author: Julio Barboza

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004188785

Category: Law

Page: 231

View: 849

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The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection in the realm of International Law.

Procedure and Evidence in International Arbitration

Procedure and Evidence in International Arbitration

Author: Jeffrey Waincymer

Publisher: Kluwer Law International B.V.

ISBN: 9789041140678

Category: Law

Page: 1408

View: 433

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Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

Global Reflections on Children’s Rights and the Law

Global Reflections on Children’s Rights and the Law

Author: Ellen Marrus

Publisher: Routledge

ISBN: 9781000412598

Category: Law

Page: 302

View: 866

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Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children’s various civil rights; how to best assist children at risk; and discussions surrounding children’s identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children’s rights and justice.

Free Trade and Cultural Diversity in International Law

Free Trade and Cultural Diversity in International Law

Author: Jingxia Shi

Publisher: Bloomsbury Publishing

ISBN: 9781782251163

Category: Law

Page: 360

View: 621

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This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

Legal Sources in Business and Human Rights

Legal Sources in Business and Human Rights

Author: Martina Buscemi

Publisher: BRILL

ISBN: 9789004401181

Category: Law

Page: 353

View: 217

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Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.

No Citizens Here: Global Subjects and Participation in International Law

No Citizens Here: Global Subjects and Participation in International Law

Author: René Urueña

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004220706

Category: Law

Page: 361

View: 277

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Building on the notion of a risk society, this book offers an alternative to the traditional notion of international legal subjects by arguing that international law creates fragmented subjectivities, whose conflicting identities help perpetuate a certain global loss of sense that is characteristic of our times.