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Linkages and Boundaries in Private and Public International Law (eBook)

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

ISBN13: 9781509918638

Published: July 2018

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £37.79
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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.

Subjects:: Public International Law, eBooks

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