Overview

In the Collected Courses of the Xiamen Academy of International Law Hans van Loon, Former Secretary-General of The Hague Conference of Private International Law, Prof. Bimal N. Patel, Director of Gujarat National Law University, India, and Prof. Ernst-Ulrich Petersmann of the European University Institute in Florence, provide insightful, perspicacious and concise analysis of recent developments in international law .

Full Product Details

Author:   Chia-Jui Cheng
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   11
Weight:   0.680kg
ISBN:  

9789004353534

ISBN 10:   9004353534
Pages:   330
Publication Date:   01 December 2017
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Preface Notes on Contributors At the Cross-roads of Public and Private International Law - The Hague Conference on Private International Law and Its Work Hans Van Loon 1 Role and Mission of the Hague Conference on Private International Law a An Intergovernmental Organisation Concerned with Private Relationships and Transactions b Diversity of Private Law c Unification of Private Law d Diversity of Private International Law e Unification of Private International Law: The Mission of the Hague Conference 2 Origin and Development of the Hague Conference a Birth of the Hague Conference b Establishment as a Permanent Intergovernmental Organisation c Early Innovations d Bridging the Civil and Common Law Divide e Bridging the Divide between Systems Based on Faith and Secular Systems 3 The Impact of Contemporary Globalisation a Globalisation and Its Impact on the Nation-state b Proliferation of Legislation at All Levels - Expansion of the Hague Conference c Impact of Globalisation on Private International Law Approaches and Methods 4 Hague Conventions Promoting Global Trade, Investment and Finance a The Global Framework Regulating the Cross-border Movement of Goods, Services, Capital and Workers b Hague Instruments Concerning Global Trade, Investment and Finance 5 Hague Conventions Promoting Administrative and Judicial Cooperation a 1961 Hague Apostille Convention b 1965 Hague Service Convention c 1971 Hague Evidence Convention d 1980 Access to Justice Convention 6 Hague Conventions Promoting Personal Security and Protecting Families in Cross Border Situations a The Global Framework for the Protection of Private and Human Rights in Cross-border Situations b Hague Conventions on Marriage and Divorce c Hague Conventions on the Protection of Children 7 Outlook - (Potential) Significance of the Hague Conference and Its Work for the Asia-Pacific Region Selected Publications Marine Environment Law and Practice of China, India, Japan and Korea Bimal N. Patel 1 General Introduction - International Obligations in Municipal Legal System a Introduction b State Practice: An Essential Element of Customary International Law c Need for Maritime Environmental Laws d Enforcement of International Marine Agreements by the Four Nations 2 Legislative Implementation of International Obligations in Four States a People's Republic of China b India c Japan d Republic of Korea 3 unclos and International Marine Environmental Law a Sources and Type of Marine Pollution b Legal Framework - unclos and Regional Treaties c Operational Vessel-Source Pollution d unclos Jurisdictional Framework e Accidental Vessel-Source Pollution f Pollution Emergencies g Vessel Source Pollution h Civil Liability i Seabed Pollution j Dumping at Sea k Land-Based and Atmospheric Pollution 4 Marine Environmental Protection: Legislations, Policies Mechanisms, Practices, Issues and Challenges a Major Marine Environmental Issues and Trends 5 International Marine Environmental Law Practice a China b India c Japan d Republic of Korea 6 General Conclusions and Suggestions a The Enforcement of Environmental Agreements Generally b Pollution Control on the Development of Mineral Resources in Coastal Regions c Conclusion d Five Important Take-Away on Future Possibilities e Regional Dimensions of Global Issues f Monitoring, Verification, and Non-coercive Enforcement Methodological Problems in International Trade, Investment and Health Law and Adjudication Ernst Ulrich Petersmann Introduction: International Economic Law as an `imagined order' and as Incomplete, Fragmented and Under-theorized `positive law' 1 Legal Methodology for iel: The Public Good of an Open Trading System as a Multilevel `republic of citizens' (res publica)? a From Jurisprudence to Legal Philosophy b The `human condition' and the `dual nature' of Modern Legal Systems c From State-centered to Citizen-centered Conceptions of International Law? d Cosmopolitan International Economic Law? The pg of an Open Trading System as a `republic of citizens'? 2 How to Justify and Design iel for Multilevel `republics of citizens and peoples'? a Republican Theories of `aggregate pgs' and `collective action problems' b Competing Conceptions of iel and of Its Underlying `principles of justice' c Does hrl Require Cosmopolitan Conceptions of iel and `multilevel republicanism'? 3 `Constitutional justice', Different `contexts of justice', Their Democratic Regulation and Judicial Clarification a Dialectic `fragmentation' and `integration' of Legal Systems Through Democratic, Republican and Cosmopolitan Constitutionalism b Need for Comparative Institutionalism c Need for Challenging Path-dependent iel d From `constitutionalism 1.0' to Multilevel `cosmopolitan constitutionalism 3.0' e Need for `connecting' Multilevel Market Regulations Through Domestic Application of `pgs treaties' 4 Multilevel Governance Problems of `global pgs': From `law and economics' towards the `Geneva consensus' a The `Washington consensus' on `law and economics' in iel b The Limits of `trade theories' for Explaining Trade Regulation c From `justice as efficiency' to `constitutional economics' and `human development' d The Dialectic Evolution of iel: Towards a `Geneva consensus' (P. Lamy) on Citizen-driven `network governance'? e Multilevel Governance and `regulatory competition' 5 Legal Fragmentation: How to Reconcile Investment Law and Adjudication with Human Rights? a The Transformation of International Investment Law Through Investment Treaties and Arbitration b How to Reconcile Investment Law with Human Rights Law? c The Different Perspectives of Investors, Home and Host States, Amici Curiae and Judges in isds 6 How to Reconcile Health Law and iel with Human Rights Law? The Example of Multilevel Tobacco Control Litigation a Worldwide Recognition of Rights to Health Protection b The wto Complaints against Australia's Legislation on `plain-packaging' of Tobacco Products c `Balancing methods' Used in wto Tobacco Control Disputes d Administration of Justice in Investor-state Tobacco Disputes? 7 Outlook: Republican and Democratic Constitutionalism Can Legitimize Multilevel Governance of pgs and `global legal pluralism' a How to Limit the Reality of `global legal pluralism'? b Legal, Sociological and Moral Legitimacy in Multilevel Governance of Public Goods c From the `mandate of heaven' to `constitutional functions' of iel in China? d China's 2014 `rule of law' Strategy: Does Law Prevail over the Communist Party? e Need for `multilevel republicanism' in Multilevel Governance of Global `aggregate pgs' f Conclusion: Promoting `constitutional justice' Through Republican Rights for Local Protection of Transnational `aggregate public goods' Index

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Author Information

Cheng Chia-Jui LLD (1968), National Athens University, is Professor of International Law. Currently he is also Secretary-General of Xiamen Academy of International Law and Secretary-General of Asia Academy of Comparative Law. He has published monographs and many articles on International and Comparative Law.

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