Linkages and Boundaries in Private and Public International Law

International Law

Linkages and Boundaries in Private and Public International Law

Edited by Veronica Ruiz Abou-Nigm · Kasey McCall-Smith · Duncan French
Hart Publishing July 2018

Specifications

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

Also available as

Paperback

Details

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.

Table of Contents

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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