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Kazuhiro Nakatani

The Kaleidoscope of International Law

&lt;p&gt;Diplomacy.-&amp;nbsp;Responsibility.- Applicability of Negotiorum Gestio to Address the Planetary Crisis.-&amp;nbsp;&amp;nbsp;Energy Security and Japan.-&amp;nbsp;International Legal Aspects of the Maritime Transportation of Recovered Plutonium from France.&lt;/p&gt;


Global Governance

Public diplomacy matters to the G20. As the self declared 'premier international forum for economic cooperation', the G20 has global interests and ambitions. The G20 requires the ongoing engagement and support of global public audiences. Simply put, it is a matter of effectiveness, legitimacy and credibility. Yet as an informal, nomadic institution that brings together a diverse array of high profile actors, global, interests and issues, the G20 also presents unique opportunities and challenges to public diplomacy's agenda. The wider narrative of the G20 as an inclusive institution capable of involving publics in the process of global change is underexplored. This book asserts that public diplomacy is the key to the G20's ongoing development, and proposes a fourth phase to John Kirton's (2013), current three phased approach: the mobilization of the many. By examining the many facets of G20 public diplomacy, Byrne contributes to the evolving understanding of the G20 while offering new insights on the evolving practice of public diplomacy beyond the traditional state-centric perspective.

Public diplomacy matters to the G20.  As the self declared ’premier international forum for economic cooperation’, the G20 has global interests and ambitions. The G20 requires the ongoing engagement and support of global public audiences. Simply put, it is a matter of effectiveness, legitimacy and credibility. Yet as an informal, nomadic institution that brings together a diverse array of high profile actors, global, interests and issues, the G20 also presents unique opportunities and challenges to public diplomacy’s agenda.   The wider narrative of the G20 as an inclusive institution capable of involving publics in the process of global change is underexplored.  This book asserts that public diplomacy is the key to the G20’s ongoing development, and proposes a fourth phase to John Kirton’s (2013), current three phased approach: the mobilization of the many.  By examining the many facets of G20 public diplomacy, Byrne contributes to the evolving understanding of the G20 while offering new insights on the evolving practice of public diplomacy beyond the traditional state-centric perspective.

G20 Public Diplomacy

Evolutionary Economics and Social Complexity Science

This is the first book to present a new approach of institutional design as an evolutionary applied policy based on coherent conceptualization and methodology, and to study the actuality and implications of diversifying real/virtual community currencies. In contrast to a de facto standard theory, an institutional ecosystem can be composed of various institutions that continue to coexist with changing relative frequencies. In this view, diversified monetary institutions with local rules are feasible and realistic. Community currencies are worldwide attempts to redress such problems as financial instability, chronic stagnation, and decline of communities caused by globalization of the economy. Considering those alternative movements as a new type of policy, "evolutionist institutional design", this book clarifies the feasibility and significance of community currencies in the current era of globalization. The book also provides a better understanding than mainstream approaches of such platform institutions as money that determine fundamental means of cognition and action of interacting agents. Money is a symbolically generalized communication medium in the mesodomain that mediates between socioeconomic performance and patterns in the macrodomain and motives and cognitive frameworks in the microdomain. Conventional national systems of money and finance are platform institutions that determine basic replicators for a capitalistic market economy to evolve. In contrast, community currencies conveying both economic and social/cultural values are distinct platform institutions that are expected to endogenously change such basic replicators in outer and inner institutions for agents to a noncapitalistic market economy. These currencies are considered target institutions for "media design" in the framework of evolutionist institutional design.

This is the first book to present a new approach of institutional design as an evolutionary applied policy based on coherent conceptualization and methodology, and to study the actuality and implications of diversifying real/virtual community currencies. In contrast to a de facto standard theory, an institutional ecosystem can be composed of various institutions that continue to coexist with changing relative frequencies. In this view, diversified monetary institutions with local rules are feasible and realistic. Community currencies are worldwide attempts to redress such problems as financial instability, chronic stagnation, and decline of communities caused by globalization of the economy. Considering those alternative movements as a new type of policy, “evolutionist institutional design”, this book clarifies the feasibility and significance of community currencies in the current era of globalization. The book also provides a better understanding than mainstream approaches of such platform institutions as money that determine fundamental means of cognition and action of interacting agents. Money is a symbolically generalized communication medium in the mesodomain that mediates between socioeconomic performance and patterns in the macrodomain and motives and cognitive frameworks in the microdomain. Conventional national systems of money and finance are platform institutions that determine basic replicators for a capitalistic market economy to evolve. In contrast, community currencies conveying both economic and social/cultural values are distinct platform institutions that are expected to endogenously change such basic replicators in outer and inner institutions for agents to a noncapitalistic market economy. These currencies are considered target institutions for “media design” in the framework of evolutionist institutional design.

An Evolutionist Institutional Design Approach

Community Currency

The China-Pakistan Economic Corridor (CPEC) represents the largest infrastructure project of its kind, spanning 3,000 km and linking two nations. This monograph is the first to provide a comprehensive analysis of the environmental governance gaps and reform pathways of the CPEC.Drawing on primary and secondary sources, project monitoring data and policy analysis, the book examines the reasons for the divergence in environmental standards between China and Pakistan. Pakistan's 27-year-old environmental legislation, fragmented provincial governance and limited regulatory capacity are inadequate for overseeing a USD 62+ billion corridor designed by a nation with advanced environmental institutions and robust enforcement mechanisms. Rather than merely critiquing current trajectories, the book proposes a three-pillar approach and a bilateral institutional framework in the form of a Joint CPEC Environmental Commission. This commission would have authority over Phase II projects (2025-2035) and could align infrastructure development with climate commitments and biodiversity protection.Through legal analysis and comparative institutional assessment, the book offers policymakers, civil society, and scholars a practical blueprint for sustainable transnational development.

Bridging the Governance Gap in the China-Pakistan Economic Corridor

Legal Frameworks and Sustainable Development

This book explores the&nbsp;application of theories of strategy and international trade to the global banking industry, covering both commercial and investment banks. Chapters&nbsp;incorporate analyses from the perspective of banks and regulators in the post-financial crisis period. The author traces the history of international financial institutions, and also looks to the development of bank structure over time to the present day. The book adopts a&nbsp;multifaceted&nbsp;view of the international&nbsp;banking industry, beginning with theories of strategy and internationalism, and finishing with current and&nbsp;practical&nbsp;issues faced within the transnational banking community.

This book explores the&nbsp;application of theories of strategy and international trade to the global banking industry, covering both commercial and investment banks. Chapters&nbsp;incorporate analyses from the perspective of banks and regulators in the post-financial crisis period. The author traces the history of international financial institutions, and also looks to the development of bank structure over time to the present day. The book adopts a&nbsp;multifaceted&nbsp;view of the international&nbsp;banking industry, beginning with theories of strategy and internationalism, and finishing with current and&nbsp;practical&nbsp;issues faced within the transnational banking community.

Evolution, Trade and Competition

International Banking and Bank Strategy

ASIL Studies in International Legal Theory

Democratic Representation in International Organizations

Hart Studies in Constitutional Theory

This open access book is a crucial intervention in the debate concerning positive human rights obligations. There is nowadays no dispute in human rights doctrine over whether rights entail positive duties on the part of the state at the level of principle. But there has been surprisingly little academic commentary devoted to the question of whether there are, or should be, limits placed on how far those obligations extend. Similarly, there has not been very much scholarly attention paid to the question of how causation can be reasonably attributed in the context of violations of positive obligations. And there are very few sociological explanations provided as to why positive human rights obligations appear to be expanding without principled limits in the first place, as they clearly are. This volume assembles the work of a range of leading scholars in international human rights law to fill these gaps in the literature. Each of its 11 substantive chapters addresses an aspect of positive obligations with a particular focus on issues concerning limits. Taken together they provide the first serious attempt to grapple critically with the subject of the limits, causality and scope of positive obligations theoretically and doctrinally. This makes the book essential reading for scholars of human rights law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Examines the limits of positive obligations in human rights law.

From Protection to Coercion

The Limits of Positive Obligations in Human Rights Law

This book offers unique insight into the economics of sustainable development and the European Green Deal. It provides a robust assessment of the sustainability of European economies and offers practical policy suggestions to aid the transition to green and digital economies. By comparing the approaches taken across Europe, best practices and effective policies are identified for the promotion of energy efficiency, industrial innovation, and inclusive growth. Economic theory and policy implementation are combined to address disparities across Europe and create equal opportunities for clean energy, decent work, and technological development.
This book sets out a framework for the green transition and for global economic transformation. It will be relevant to students, researchers, and policymakers interested in sustainable economic development, the European political economy, and green economic policy.
Costinela Fortea&nbsp;is Assistant Professor at the Business Administration Department, University Dunarea de Jos of Galati.

Creating Energy Efficiency, Industrial Innovation, and Inclusive Growth

Sustainable Economic Development and the European Green Deal

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Human Dignity in International Law

This book provides an in-depth legal examination of limited partnership in the context of China's venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

¿

This book provides an in-depth legal examination of limited partnership in the context of China’s venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

Legal Perspectives on Venture Capital and Private Equity

The Limited Partnership in China

Cambridge Studies in Constitutional Law

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

Local Meanings of Proportionality

Cambridge Studies in International and Comparative Law

Hegemony, Contestation, and International Law

Free Flow of Information

The second edition of the book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt, and bonded debt – in connection with three crucial aspects: genesis, restructuring, and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and huge multidisciplinarity. Because of this complexity and multidisciplinarity, the legal analysis is not exclusively based on international law, but also includes private international law, domestic law and financial practice. To better contextualise the phenomenon, references are made to international financial relations and international financial history. Although it follows the structure of a continental&nbsp;tractatus,&nbsp;the work presents a good balance between doctrinal and jurisprudential sources, making it a valuable reference book for scholars and practitioners alike.
 The main updates in the second edition include:&nbsp;the effects of the Covid and Ukrainian crises and the Puerto Rico default; the issue of the validity of the Mozambican, Ukrainian, and Venezuelan loans; an analysis of China’s lending policy with particular reference to Africa; a description of the Asian Infrastructure Investment Bank and the New Development Bank; the role of credit rating agencies in the bond issuing process and the ICMA Principles on green, social, and sustainable bonds; the place of marine conservation swaps and climate swaps in restructuring processes; an inquiry into the legal status of the Paris Club and an illustration of the 
 ad hoc
 terms for restructuring and the Debt Service Suspension Initiative;&nbsp;the inclusion of single-limb collective action clauses in the terms of the bonded loans; the conclusion of the lawsuits brought by vulture funds before the US courts and of the ICSID arbitrations instituted against Argentina; and, finally, an account on the Paris Club Common Framework and the UN Basic Principles on Sovereign Debt Restructuring.

The second edition of the book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt, and bonded debt – in connection with three crucial aspects: genesis, restructuring, and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and huge multidisciplinarity. Because of this complexity and multidisciplinarity, the legal analysis is not exclusively based on international law, but also includes private international law, domestic law and financial practice. To better contextualise the phenomenon, references are made to international financial relations and international financial history. Although it follows the structure of a continental&nbsp;tractatus,&nbsp;the work presents a good balance between doctrinal and jurisprudential sources, making it a valuable reference book for scholars and practitioners alike.
 The main updates in the second edition include:&nbsp;the effects of the Covid and Ukrainian crises and the Puerto Rico default; the issue of the validity of the Mozambican, Ukrainian, and Venezuelan loans; an analysis of China’s lending policy with particular reference to Africa; a description of the Asian Infrastructure Investment Bank and the New Development Bank; the role of credit rating agencies in the bond issuing process and the ICMA Principles on green, social, and sustainable bonds; the place of marine conservation swaps and climate swaps in restructuring processes; an inquiry into the legal status of the Paris Club and an illustration of the 
 ad hoc
 terms for restructuring and the Debt Service Suspension Initiative;&nbsp;the inclusion of single-limb collective action clauses in the terms of the bonded loans; the conclusion of the lawsuits brought by vulture funds before the US courts and of the ICSID arbitrations instituted against Argentina; and, finally, an account on the Paris Club Common Framework and the UN Basic Principles on Sovereign Debt Restructuring.

Genesis — Restructuring — Litigation

Sovereign Debt

The Kaleidoscope of International Law

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