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Necessity and National Emergency Clauses
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Public Policy in International Economic Law
Wealth creation through trade, finance, and investment often comes at the price of rising inequality for vulnerable groups and individuals. This book examines how states can harmonize the social protection objectives of the International Covenant on Economic, Social, and Cultural Rights with their international economic treaty obligations.
ASEAN Law and Regional Integration
Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEA...
Investment Law within International Law
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
Metagovernance for Sustainability
The 17 Sustainable Development Goals (SDGs) which were adopted by the United Nations in September 2015 are universally applicable in all 193 UN Member States and connect the big challenges of our time, such as hunger and poverty, climate change, health in an urbanised environment, sustainable energy, mobility, economic development and environmental degradation. Sustainability has the characteristics of a ‘wicked problem’, for which there are no one-size-fits-all solutions. This book tests the hypothesis that the implementation of sustainable development, and in particular the 2015 SDGs, requires tailor-made metagovernance or ‘governance of governance’. This is necessary to develop ef...
Distributive Justice and World Trade Law
This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.
Due Diligence in the International Legal Order
Due diligence is a prominent concept in international law, frequently referred to in arbitral awards, court decisions, and in scholarly discussions on state responsibility. However, until now, the specific normative content and systemic relation of due diligence to rules and principles of international law has largely remained unexplored. The present book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law, including international environmental law, international peace and security law, and international economic law. Sector by sector, contributors explore the diverse interactions between due diligence and area-specific substantive and procedural rules as well as general principles of international law. This book exposes the promises and limits of due diligence for enhancing accountability and compliance. It identifies the rise of due diligence as both a driver and signal of change in the international legal order towards risk management and proceduralisation.
Crafting Cooperation
Regional institutions are an increasingly prominent feature of world politics. Their characteristics and performance vary widely: some are highly legalistic and bureaucratic, while others are informal and flexible. They also differ in terms of inclusiveness, decision-making rules and commitment to the non-interference principle. This is the first book to offer a conceptual framework for comparing the design and effectiveness of regional international institutions, including the EU, NATO, ASEAN, OAS, AU and the Arab League. The case studies, by a group of leading scholars of regional institutions, offer a rigorous, historically informed analysis of the differences and similarities in institutions across Europe, Latin America, Asia, Middle East and Africa. The chapters provide a more theoretically and empirically diverse analysis of the design and efficacy of regional institutions than heretofore available.
The Art of Law in the International Community
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
