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Transnational Law and Governance

Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after WWII by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War.

The Crisis of Multilateral Legal Order

Causes, Dynamics and Implications

Introduction: Mapping the crisis of multilateralismChapter 2: Oleksandr Vodiannikov, The crisis of trust in contemporary multilateralism: International order in times of perplexityChapter 3: Sean Butler, Believing is seeing: Normative consensus and the crisis of institutional multilateralismChapter 4: Maria Varaki, Revisiting the ‘crisis’ of international lawChapter 5: Mary E. Footer, The multilateral international order – Reports of its death are greatly exaggeratedChapter 6: Christopher Lentz, State withdrawals of jurisdiction from an international adjudicative bodyChapter 7: Malgosia Fitzmaurice, Multilateralism, community of interests and environmental lawChapter 8: Vassilis Pergantis, The advent and fall of trust as a cornerstone of judicial cooperation in multilateral regimes in Europe: A cautionary taleChapter 9: Agnieszka Nimark, The nuclear non-proliferation regime at 50: Midlife crisis and its consequencesChapter 10: Patrycja Grzebyk, Karolina Wierczyńska, The crisis of multilateralism through the prism of the experience of the International Criminal CourtChapter 11: Ernst-Ulrich Petersmann, Global governance crises and rule of law: Lessons from Europe’s multilevel constitutionalismChapter 12: Jessica C. Lawrence, We have never been ‘multilateral’: Consensus discourse in international trade lawChapter 13: Ewa Żelazna, The EU’s reform of the investor-State dispute resolution system: A bilateral path towards a multilateral solutionChapter 14: Margherita Melillo, Challenges to multilateralism at the World Health OrganizationChapter 15: Szymon Zaręba, The Council of Europe and Russia: Emerging from a crisis or heading towards a new one?

Since the Lisbon Treaty there has been a huge growth in EU administrative law with many administrative agencies, organs and bodies being set up to deal with various issues. This book sets out the various legal remedies available through the administrative appeals process which can be used against the actions of these legal entities. The different categories of administrative appeals and their main features are analysed in detail in order to provide the reader with a guide to the form and substance of the administrative appeals in the EU.

Administrative Appeals in EU Law

Contemporary changes in law and policy at the global level to efficiently answer to environmental and social issues correspond to the traditional approach of limiting the regulatory and policy changes to a singular field or discipline: tackling the inherent unsustainability of corporate laws.

Sustainability in Public Procurement, Corporate Law and Higher Education

The past decade have been anni horribiles for in International Economic Law in general and in particular for the World Trade Organization, since its inception in 1995 the guarantor of the world multilateral trade system.

US Trade Policy, China and the World Trade Organisation

This book examines the development of international law applicable to Transboundary Aquifers (TBAs) considering the Human Right to Water and Sanitation (HRWS). The purpose is to determine how International Water Law (IWL) and the HRWS can be harmonized in the context of TBAs.

The Case of Transboundary Aquifers

International Water Law and the Human Right to Water

This book explores the relationship between human rights and environmental protection, analysing the concept of environmental procedural rights from a comparative perspective in the EU, India and China. It argues the need to apply a holistic approach acknowledging interlinkages between democracy, environmental protection and climate change.

Environmental Procedural Rights in the EU, India and China

Human Rights and Environmental Protection

This book presents innovative insights into the intersections between science, technology and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions.

Science, Technology, Policy and International Law

This book explores the relationship between economic interests and normative non-trade values.

Global Values and International Trade Law

Investigating the unique EU-CARICOM legal relationship, this book explores

the major theme of globalisation, which shapes inter-regional organisations

individually and determines their relationship to one another. It evaluates how

EU-CARICOM relations have fostered trade, security and other development

measures, reflecting on the past, future and present of the Caribbean states that

are active in the EU-CARICOM framework.

Providing case studies on key issues such as immigration, tax and energy, it

examines the impact that the EU-CARICOM has on the slave trade and the

deportation of millions of people. Such bitter experiences still indirectly shape

culture, hopes and the economic framework of possibilities today; therefore, the

focus of the volume is on the issues which the constant stream of globalisation

creates. The book assesses many potential impacts that the agenda of the EU

and Brexit pending will have upon the EU-CARICOM relationship, given the

potential for these to create instability.

Overall, it highlights how the EU and CARICOM are representations for

multilateralism and serve as models that provide the basis for many successful

initiatives and agreements. In all new agreements and negotiations, the will to

accept the Sustainable Development Goals and thus to make inequality, climate

change and other goals of the SDGs the basis of an order that puts people

at the centre, are evaluated, and the global agenda 2030 and its impact on

EU-CARICOM.

Overall, it highlights how the EU and CARICOM are representations for

multilateralism and serve as models that provide the basis for many successful

initiatives and agreements. In all new agreements and negotiations, the will to

accept the Sustainable Development Goals and thus to make inequality, climate

change and other goals of the SDGs the basis of an order that puts people

at the centre, are evaluated, and the global agenda 2030 and its impact on

EU-CARICOM.

Dilemmas versus Opportunities on Development, Law and Economics

EU and CARICOM

Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable.

The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I-IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. 

By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.

Accountability, Governance and Expertise

Technocracy and the Law

The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. 

The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law.

The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

The Transnationalization of Anti-Corruption Law

International organizations have always been exclusively seen as vehicles for their member states, exercising delegated powers. This book demonstrates that this picture is seriously outdated: international organizations address a wide variety of social actors, and this needs to be reflected in the way we think about international organizations.

International Organizations Engaging the World

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

De Gruyter Handbuch

Seehandelsrecht

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

Studies in International Law

Protecting the Right to Leave in an Era of Externalised Migration Control

Law, Development and Globalization

Sovereignty, Human Rights and Global Order addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance. Sam Adelman offers a sustained examination of the contemporary phenomenon of sovereignty, arguing that it is only in overcoming the sovereign capacity to condone unnatural death that the possibility of an alternative, and human rights based, global order lies.

Sovereignty, Human Rights and Global Order

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed. Corporations are being given control over water, healthcare, housing, public transportation, child welfare services, aged care, and much else. Privatization is promoted by international financial institutions, consulting firms, and development actors as the answer to public finances devastated by the very tax cuts insistently pushed by these groups. Their pitch is based upon a mythology that extols the virtues of an idealized market while ignoring the heavy human rights costs incurred. Building on the latest evidence and on specially commissioned case studies, this book shows how the touted 'efficiency' of the private sector is often predicated on higher charges and/or reduced services, destructive employment practices, and the highly predictable exclusion of many users. Privatization generally costs states more money, marginalizes democratic decision-making, and transforms citizens from rights-holders into customers while sidelining accountability. The authors develop an approach designed to enable human rights actors, including courts, UN treaty monitoring bodies, and NGOs to move beyond their longstanding agnosticism towards privatization. It starts with a presumption that privatization is inherently retrogressive in human rights terms. Whatever mix of public and private is reflected in any given arrangement, governments must retain the degree of control necessary to ensure respect for rights, and the legal, financial and administrative ability to do so. The book charts a new direction for responding to the ever-growing threat that privatization poses to human rights. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

The UK Regulation of International Trade

Gender-Responsive Lawmaking for the Twenty-First Century

Rewriting the Rules

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

The immanent collective in international law

Innate Cosmopolitanism

On Impunity, Pinochet in England and a Nazi in Patagonia

38 Londres Street

IMLI Studies in International Maritime Law

The book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian law case law.

A comparative perspective

Laytime and Demurrage

The Crisis of Multilateral Legal Order

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