International Actors and the Formation of Laws

ISBN-13: 9783030983536 / Angielski / Miękka / 2022

Opis

This open access book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality. The authors are members of the Finnish branch of the International Law Association (ILA) and recognized experts in their particular fields and have been afforded freedom to adopt the approach they perceive as best suited to their topic. The book is aimed at a broad range of readers involved in academic research and study; lawyers working in government departments, international organizations, or private practice with an international focus; as well as policy makers and influencers in international organizations, government bodies, and non-governmental organizations.

Spis treści

Introduction.- European Union Law and National Law: a Common Legal System?.- Reflections on the Principle of Mutual Trust in EU Law and Judicial Dialogue in Europe.- Broadening the Right to Personal Autonomy and Supported Decision-making: from International Ideas to National and European Legislation on Voluntary Measures.- The Role of the International Law Association in the Restatement and Evolution of International and National Law relating to Indigenous Peoples.- The Role of the FATF in the Evolution of Counter-terrorism Asset Freezing Laws in the Nordic Countries: We Fought the Soft Law and the Soft Law Won.- The European Space Agency’s Contribution to the Making of National Space Law.- Host states’ labour regulation in the aftermath of international investment disputes: five levels of impact and interaction.

O autorze

Katja Karjalainen is a senior researcher at the University of Eastern Finland. Dr. Karjalainen obtained his PhD in private international law and comparative law in 2016 from the University of Helsinki. Her research addresses vulnerabilities using comparative law approaches in the field of private law and private international law. Her previous research and teaching activities have addressed, among other things, equality rights and the family law instruments of the Hague Conference on Private International Law and the European Union. Dr. Karjalainen served as Secretary of the Finnish Branch of ILA between 2013 and 2016, and since 2017, she has been a member of the board of the Branch.

Iina Tornberg conducts doctoral research in the Faculty of Law, University of Helsinki, Finland. Her doctoral research deals with EU competition rules and their application in international commercial arbitration. Ms. Tornberg has lectured on private international law and arbitration at the University of Helsinki and been a visiting researcher at the Max Planck Institute for Comparative and International Private Law in Hamburg. Ms. Tornberg was a secretary of the Finnish Branch of the International Law Association during 2017–2019 as well as a board member of the Finnish Committee of the International Academy of Comparative Law (IACL) and International Association of Legal Science. She works currently as a court of appeal referendary at the Helsinki Court of Appeal, Finland.

Aleksi Pursiainen, LLM (Helsinki), is the founder and CEO of Solid Plan Consulting Ltd., a leading Finnish boutique law firm focused on international sanctions and export controls, where he regularly advises many of the largest Nordic exporters, financial institutions, and technology companies on a comprehensive range of legal and policy issues related to compliance with trade regulations. His publications include Kansainväliset pakotteet ja vientivalvonta (International Sanctions and Export Controls Alma Talent, 2021), the first Finnish textbook on this topic. Before private practice, Mr. Pursiainen was head of Trade Compliance at Nokia Corporation’s legal division, and before that he was head of the sanctions team at the Finnish Ministry for Foreign Affairs and a member of Finland’s delegation to the Financial Action Task Force (FATF).