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

ISBN-13: 9781509924745 / Angielski / Miękka / 2018 / 520 str.

Photini Pazartzis;Maria Gavouneli

Opis

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.

Spis treści

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