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Synergies and Fragmentations of Public and Private Laws- A Global Perspective

Author : Prof. (Dr.) Maruthi T.R.

Publisher : Institute of Legal Education

Page : 159 pages

File Size : 50,25 MB

Release : 2024-08-06

Category : Law

ISBN : 819688429X

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Book Description

About the Book The study of law is a deep intellectual endeavor that requires thorough exploration and comprehension of its core principles and their application across various legal systems. "Comparative Perspectives on Public and Private Laws – A Student Handbook" engages with the complexities of law, examining the key distinctions between public and private law and their significant roles within the legal framework. The handbook offers a comprehensive look into the origins and differences between public and private law, providing readers with a solid grounding to understand this dichotomy's many aspects. Challenging traditional views, the book delves into the evolving separation of powers and the transformation of natural law, illuminating the dynamic relationship between legal principles and societal changes. In the context of globalization, it explores how interconnected legal systems are and the challenges posed by a more integrated world. It also presents alternative methods of legal governance and human rights protection within Islamic and socialist legal frameworks. Journeying from Romano-Germanic to Common Law traditions, the handbook takes readers across continents to examine the legal systems of various countries. It offers insights into their legal frameworks and principles, enhancing the understanding of global legal governance. Special attention is given to the distinctive features of Muslim legal systems in countries like Iran, Kuwait, the United Arab Emirates, and Saudi Arabia, highlighting their influence on national legal governance. By meticulously analyzing private and public law, the handbook provides valuable insights into state practices, constitutional interpretation, and the philosophy of rights and liberties. It encourages critical thinking and academic debate on the jurisprudential aspects of these legal fields, shaping a deeper understanding of legal systems and their operations. Aimed at legal scholars, practitioners, and students, this handbook is an essential resource for advancing legal knowledge in a constantly evolving world. It invites readers to embark on an intellectual journey to gain a richer understanding of the public-private law dichotomy and explore the complexities of various legal systems through this engaging study.



Linkages and Boundaries in Private and Public International Law

Author : Veronica Ruiz Abou-Nigm

Publisher : Bloomsbury Publishing

Page : 273 pages

File Size : 27,77 MB

Release : 2018-07-26

Category : Law

ISBN : 1509918647

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Book Description

Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.



Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules

Author : Lee Jing

Publisher : Martinus Nijhoff Publishers

Page : 447 pages

File Size : 32,37 MB

Release : 2014-07-17

Category : Law

ISBN : 9004268391

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Book Description

In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.



Global Health Law

Author : Lawrence O. Gostin

Publisher : Harvard University Press

Page : 461 pages

File Size : 50,58 MB

Release : 2014-03-31

Category : Law

ISBN : 0674369882

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Book Description

The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.



International Environmental Law Compliance in Context

Author : Belen Olmos Giupponi

Publisher : Routledge

Page : 267 pages

File Size : 47,87 MB

Release : 2021-04-22

Category : Law

ISBN : 1351031929

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Book Description

This book explores how compliance with international environmental law has changed over time, offering a critical analysis of its current shifting patterns. Beginning with an overview of compliance with international environmental law, the book goes on to explore in detail: compliance in the different legal regimes instituted by Multilateral Environmental Agreements (MEAs), the addition of new subjects of international law, the legal relations between developed and developing countries, and the emergence of new compliance mechanisms in global environmental law. The analysis takes two key developments into consideration: the evolution in forms of compliance and non-state involvement in compliance with international environmental law. In the final section, three case studies are provided to demonstrate how these changes have occurred in selected areas: climate change, biodiversity and water resources. Throughout the book, topics are illustrated with extracts from specific international environmental law jurisprudence and relevant international environmental law instruments. In doing so, the book offers a comprehensive analysis of compliance with international environmental law, providing original insights and following a clear and systematic structure supported by reference to the sources. This book will be of interest to professionals, academics and students working in the field of compliance with international environmental law.



Critical Legal Perspectives on Global Governance

Author : Gráinne de Búrca

Publisher : Bloomsbury Publishing

Page : 482 pages

File Size : 15,5 MB

Release : 2013-12-20

Category : Law

ISBN : 1782252878

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Book Description

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.



Investment Treaty Law and Climate Change

Author : Tomás Restrepo Rodríguez

Publisher : Springer Nature

Page : 348 pages

File Size : 43,44 MB

Release : 2023-01-01

Category : Law

ISBN : 3031186559

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Book Description

The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.



Regime Interaction in International Law

Author : Margaret A. Young

Publisher : Cambridge University Press

Page : pages

File Size : 49,16 MB

Release : 2012-01-12

Category : Law

ISBN : 1139504932

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Book Description

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.



International Economic Law in the 21st Century

Author : Ernst-Ulrich Petersmann

Publisher : Bloomsbury Publishing

Page : 471 pages

File Size : 29,10 MB

Release : 2012-07-24

Category : Law

ISBN : 1847319815

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Book Description

The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.



Public-Private Partnerships for Sustainable Development

Author : Axel Marx

Publisher : MDPI

Page : 248 pages

File Size : 12,49 MB

Release : 2019-04-18

Category : Social Science

ISBN : 3038978329

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Book Description

Voluntary sustainability standards (VSS) and other private governance instruments (e.g., Fair Trade, Forest Stewardship Council, Fair Wear Foundation, GLOBALGAP) are increasingly regulating global production processes and economic activities. VSS verify the compliance of products or production processes with sustainability standards. The importance of voluntary sustainability standards is now widely recognized. After being operational for more than two decades, they have established themselves as private governance instruments. This recognition is also exemplified by their integration in public regulatory approaches. Governments and international organizations are partnering with voluntary sustainability standards to pursue sustainable development policies. We witness the integration of VSS in the regulatory approaches of local and national governments in countries around the world, the integration of VSS in trade policies, the emergence of public–private initiatives to govern global supply chains, and the inclusion of private initiatives in experimentalist governance regimes. This Special Issue seeks to bring together research on the interface between private and public governance. We welcome contributions which analyze specific case studies on the emergence and development of these private–public interactions, the design of public–private governance, the effectiveness of these governance arrangements, and critical perspectives on the possibilities and limitations of such public–private forms of governance. We welcome multi-disciplinary perspectives including contributions from economics, political science, law, sociology, geography, and anthropology. Papers selected for this Special Issue are subject to a peer review procedure with the aim of rapid and wide dissemination of research results, developments, and applications.