Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade

Erscheinungsjahr 2018
ISBN: 978-1-5099-2474-5
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 520 Seiten, Paperback, Format (B × H): 233 mm x 156 mm, Gewicht: 826 g

The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.

Autoren/Hrsg.

Gavouneli, Maria

Pazartzis, Photini

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Part I: Contemporary Challenges of Global Governance in the Spotlight

Section 1: Actors and Processes Revisited

1 The Transparency of Global Governance

Anne Peters
2 Between Flexibility and Stability: Ad Hoc Procedures and/or Judicial Institutions?

Chiara Giorgetti
3 Domestic Courts as Compliance Enforcers

Mizushima Tomonori
4 Towards Reinforcing or Contesting the Vision of the Rule of Law?

Myriam Senn
5 Formation of International Custom and the Role of Non-State Actors

George D Kyriakopoulos
Section 2: Factors and Structures Reconsidered

6 Disaster Relief in International Law

Gabriella Venturini
7 After 60 Years: The International Legal Regime Protecting Stateless Persons-Stocktaking and New Tendencies

Tamás Molnár
8 Responsibility to Protect (R2P) and Minorities

Vassilios Grammatikas
9 Governance of Financial Crises: A Role for the International Protection of Economic and Social Rights?

Lorenza Mola
10 Recent Regulatory Initiatives in the Ratings Industry: CRA III and the ESMA Proposals on Structured Finance, the Performance of Agencies and their Fee Arrangements

Emmanuel P Mastromanolis
11 The Odious Debt Doctrine: The Past and the Challenges of the Present

Georgios Nikolaides-Krassas
Part II: International Legal Facets of the Modern Race towards Resources

Section 1: Protecting the Past

12 'Return of Cultural Treasures to their Countries of Origin': Principle or Trend in Cultural Property Law?

Irini Stamatoudi
13 The Cultural Heritage of Mankind beyond UNESCO: The Case of International Financial Institutions

Antonia Zervaki
Section 2: Sharing the Present and Safeguarding the Future

14 Something Fishy about Fisheries: High Seas Fisheries and the Common Resource Conundrum

Rosemary Rayfuse
15 Biodiversity, Marine Protected Areas and Areas beyond National Jurisdiction

Antonios Antonopoulos
16 Turkish Objections to Exclusive Economic Zone Agreements Concluded by Cyprus

Erik Franckx and Marco Benatar
17 Towards the Acceptance of the Equidistance Rule in the Delimitation of the Continental Shelf and the Exclusive Economic Zone: The Role of International Jurisprudence

Maria Xiouri
18 Collective Responsibility for Water in Central Asia

Mindia Vashakmadze
19 International Law, Governance and Trade of Water Services

Andreia Costa Vieira
Part III: Towards a New Order for International Investment and Trade

Section 1: International Arbitration at a Crossroads

20 The Rule of Law in International Investment Arbitration

August Reinisch
21 Three Pillars of International Public Policy

Georgios Petrochilos
22 Abuse of Rights in Modern International Investment Arbitration: The Rule of Law Revisited? The Practitioner's View

Stratis G Georgilas
23 Abstract Interpretations in International Investment Law

Friedrich Rosenfeld
Section 2: International Trade in Transformation

24 Regionalism and the Constitutionalization of the WTO

Dencho Georgiev
25 OPEC Production Quotas and the World Trade Organization

Paolo Davide Farah and Elena Cima
26 The Role of the WTO in Addressing Regulatory Pricing Policies in the Energy Sector

Ilaria Espa
27 Legitimate Countermeasures in International Trade Law and their Illegality in International Investment Law

Junianto James Losari and Michael Ewing-Chow
28 Duplicating the Trade Law 'Spaghetti Bowl'? Increasing Regionalization and Overlap of Investment Treaties-a Review of State Practice

Wolfgang Alschner
29 Most-Favoured Nation and National Treatment in the EU and US Regional Trade Agreements-Tools for Equal or Discriminatory Treatment?

Magdalena Slok-Wodkowska
30 Recent Trends of Common Commercial Policy of the European Union: From Global to Regional (and Back?) in the Governance of International Economic Order

Chiara Cellerino

Über Autor(innen)

Pazartzis, Photini
Photini Pazartzis is Professor of International Law at the National and Kapodistrian University of Athens.

Gavouneli, Maria
Maria Gavouneli is Assistant Professor of International Law at the University of Athens.

Photini Pazartzis is Professor of International Law at the National and Kapodistrian University of Athens.
Maria Gavouneli is Assistant Professor of International Law at the University of Athens.
Anastasios Gourgourinis is Lecturer in Public International Law and Matina Papadaki is a PhD candidate, both at the National and Kapodistrian University of Athens.