This collection brings together a series of essays which address some of the challenges that globalization poses to the international legal order. The book examines the interaction of globalization and international law through four sub-themes: the adaptation of classical international legal tools to regulate and adjudicate community interests and conflicts in the era of globalization; coordinating dialogues and governance strategies within and between international legal systems and institutions; globalization and the diversification of actors; and the exposure of State sovereignty to private actors and the need to preserve the regulatory powers of States. The volume will be of interest to international law scholars, practitioners and students, as well as to those working in the fields of international relations and globalization.
Andrew Byrnes is Professor of Law, Faculty of Law, The University of New South Wales and served as the President of the Australian and New Zealand Society of International Law from 2009 to 2013. His main publications are in the field of international law and human rights. Mika Hayashi, MA (2000), University of Tokyo, is Associate Professor at Kobe University teaching international law to graduate students. Her publication is mainly in the area of arms control and disarmament treaties.
Preface: Nisuke Ando (Professor Emeritus, Kyoto University; Director, Kyoto Human Rights Research Institute); Acknowledgements; Editors' Introduction: Andrew Byrnes, Mika Hayashi, Christopher Michaelsen; PART 1: ADAPTING CLASSICAL INTERNATIONAL LEGAL TOOLS TO REGULATE AND ADJUDICATE COMMUNITY INTERESTS AND CONFLICTS IN THE ERA OF GLOBALIZATION CHAPTER 1 Christopher Michaelsen (The University of New South Wales) The Competence of the Security Council under the UN Charter to Adopt Sanctions Targeting Private Individuals CHAPTER 2 Anna Spain (University of Colorado) International Dispute Resolution in an Era of Globalization CHAPTER 3 Yoshiyuki Lee-Iwamoto (Okayama University) The ICJ as a Guardian of Community Interests? Legal Limitations On the Use of Provisional Measures CHAPTER 4 Mika Hayashi (Kobe University) Clearance of Remnants of War and Its Assistance as Collective Responsibility: The Case of the Ottawa Convention (Mine Ban Convention) PART 2: COORDINATING DIALOGUES AND GOVERNANCE STRATEGIES WITHIN AND BETWEEN INTERNATIONAL LEGAL SYSTEMS AND INSTITUTIONS CHAPTER 5 Philippa Webb (King's College London) The Use of Force and the Emerging International Judicial System CHAPTER 6 Sarah McCosker (Australian Attorney-General's Department) The 'Interoperability' of International Humanitarian Law and Human Rights Law: Evaluating the Legal Tools Available to Negotiate their Relationship CHAPTER 7 Ljiljana Biukovic (University of British Columbia) Regional Streamlining of International Trade and International Human Rights Norms CHAPTER 8 Karen Scott (University of Canterbury) Managing Fragmentation Through Governance: International Environmental Law in a Globalized World PART 3: GLOBALIZATION AND THE DIVERSIFICATION OF ACTORS CHAPTER 9 Robin Hansen (University of Saskatchewan) The Public Policy Dimensions of MNE Legal Personality: Is It Time to Unveil the Masters of Globalization? CHAPTER 10 Dwight Newman (University of Saskatchewan) Norms of Consultation with Indigenous Peoples: Decentralization of International Law Formation or Reinforcement of States' Roles? CHAPTER 11 Anastasia Telesetsky (University of Idaho) Co-Regulation and the Role of Transnational Corporations as Subjects in Implementing International Environmental Law CHAPTER 12 Michael J Kelly (Creighton University) The Parameters of Vicarious Corporate Criminal Liability for Genocide under International Law CHAPTER 13 Yoshihisa Hayakawa (Rikkyo University) Business Corporations as Non-State Actors in International Law: A Brand-New International Law-Making Process through Investment Treaty Arbitration PART 4: THE EXPOSURE OF STATE SOVEREIGNTY TO PRIVATE ACTORS AND THE NEED TO PRESERVE THE REGULATORY POWERS OF STATES CHAPTER 14 Tomonori Mizushima (Nagoya University) The Significance of the Recent Enactment of Japan's Sovereign Immunity Act in the New Age of Globalization CHAPTER 15 Charles-Emmanuel Cote (Laval University) Looking for Legitimate Claims: Scope of NAFTA Chapter 11 and Limitation of Responsibility of Host State CONCLUSION Andrew Byrnes, Mika Hayashi, Christopher Michaelsen; Index.
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