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Linkages and Boundaries in Private and Public International Law

Linkages and Boundaries in Private and Public International Law

Name: Linkages and Boundaries in Private and Public International Law
Brand: Hart Publishing
SKU: 9781509918621
Price: 1261.00 HKD
Availability: InStock
Author: Veronica Ruiz Abou-Nigm; Kasey McCall-Smith; Duncan French
ISBN: 9781509918621

Edited by Veronica Ruiz Abou-Nigm · Kasey McCall-Smith · Duncan French

Hart Publishing July 2018

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ISBN-13: 9781509918621
Publisher: Hart Publishing
Publication: July 2018
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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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 positivism and instrumentalism work together towards the consistency and efficiency of the international legal order?

This edited collection focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues in some key fields of this modern era such as corporate social responsibility and environmental law. Ultimately, the book explores ways forward to further the dialogue between these two distinct but interrelated disciplines in international law with a view to improve their connections toward a more integral and holistic approach to legal problems that require an international approach.

The book brings together well-known experts from both disciplines from a wide range of jurisdictions in Europe, North America and South America, relating to various and diverse private and public international law topics and perspectives and examines the strengths and weaknesses of these fascinating disciplines.

Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law

Verónica Ruiz Abou-Nigm, Kasey McCall-Smith and Duncan French

Part I: Discerning Synergies and Shared Values in International Law

1. Connecting Public and Private International Law

Alex Mills

I. Introduction

II. Sources

III. Connections

IV. Conclusions

2. Windows in International Law

Jean d’Aspremont and Francesco Giglio

I. Introduction

II. Roman Interpretation: Between Strict and Flexible Legal Analysis

III. Private and Public International Law as Professionally Distinct Fields

IV. New Descriptive Tools for Private and Public International Law

V. Windows, (De)coders and Travellers in Private and Public International Law

VI. Public International Law

VII. Concluding Remarks

3. ‘International’ Rules in an Internal Setting

Kirsty J Hood, QC

I. Introduction

II. Case Study: The United Kingdom

III. Conclusion

Part II: Functional Commonalities in International Law

4. Jurisdiction: Betwixt Unilateralism and Global Coordination

Duncan French and Verónica Ruiz Abou-Nigm

I. Introduction

II. Jurisdiction: ‘Many, Too Many, Meanings’

III. Trends towards a Global ‘System’?

IV. Bases of Jurisdiction

V. Jurisdiction in Private International Law: Global Connectivity and ‘Justice Pluralism’

VI. Public International Law Jurisdiction: Somewhere between Law and Power

VII. Improving Coordination of Jurisdictional Frameworks in Private and Public International Law

VIII. Conclusions

5. On the Dwindling Divide between the Public and Private: The Role of Soft Law Instruments in Global Governance

Richard Collins and María Mercedes Albornoz

I. Introduction: Global Governance and the Confluence of Public and Private International Law

II. ‘Softness’ in Public International Law: ‘Deformalisation’ and the Emergence of Global Governance

III. Soft Law as Governance Technique: The Case of Private International Law

IV. Responding to Law’s Globalisation? Order and Justice within Contemporary Frameworks

6. The Role of Global Values in the Evaluation of Public Policy in International Investment and ommercial Arbitration

María Blanca Noodt Taquela and Ana María Daza-Clark

I. Introduction

II. Public Policy as an Exception to Compliance with International Obligations

III. Public Policy and the Difficulties in its Definition

IV. Public Policy as a Narrow Exception in Private International Law and a Broad Defence in Public International Law

V. Types of Global Values that Influence International Arbitration

VI. Incidence of Global Values in the Interpretation of Public Policy in International and Commercial and Investment Arbitration

VII. Conclusions

Part III: Exploring Linkages and Boundaries in International Law

7. Reconciling Human Rights and Supply Chain Management through Corporate Social Responsibility

Kasey McCall-Smith and Andreas Rühmkorf

I. Introduction

II. CSR and Global Supply Chain Management: The Developing Legal Framework

III. The Barriers in Public International Law

IV. The Barriers in Private International Law

V. Case Study of the Mobile Phone Industry

VI. Towards a Hybrid Regulatory Approach: Transcending the Limits of Private and Public International Law

VII. Conclusion

8. Realising the Objectives of Public International Environmental Law through Private Contracts: The Need for a Dialogue with Private International Law Scholars

Elisa Morgera and Lorna Gillies

I. Introduction

II. The Nagoya Protocol and Ad Hoc Private Contracts

III. Standardised Contractual Clauses under the International Treaty

IV. Overall Reflection

9. International Investment Arbitration and the Arduous Route to Transparency

Sharon E Foster

I. Introduction

II. History

III. International Commercial Arbitration in Private International Law: Confidentiality and Privacy as the Norm

IV. Investor-State Arbitration in Public International Law: Transparency as the Demand

V. Clash of Public Values with Functional Approaches

VI. How Private Values and Public Values Meet

VII. Dispute Settlement in the Proposed TTIP, TPP and CETA

VIII. Conclusions

10. Protecting Whistleblowers: The Roles of Public and Private International Law

Dimitrios Kagiaros and Amanda Wyper

I. Introduction

II. Regulatory Approaches to Whistleblowing: Protection and Incentives

III. Domestic UK Whistleblowing Regulation

IV. Private International Law

V. The Contribution of Public International Law to Whistleblowing

VI. Which States are Responsible for Providing Protection in a Cross-border Disclosure?

VII. Conclusions

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Table of Contents

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