This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
International Commercial and Investor-State Arbitration
Australia and Japan in Regional and Global Contexts
Luke Nottage
Shawkat Alam
The need to balance economic growth and sustainable development remains a shared goal within the international community. A method of achieving this balance is by promoting a green economy, whereby states can continue to pursue economic growth whilst reducing the environmental and social footprint originating from their economic activities. International trade law is now confronted with emerging challenges where paradigms of free trade conflict with climate change policies. The World Trade Organization, the General Agreement on Tariffs and Trade and other multilateral trade agreements play a central role in maintaining a system of open international trade to ensure that states do not unjustifiably discriminate between foreign and locally produced goods and services. This chapter examines the varying challenges arising from the intersection of climate change policy and international trade law. In doing so, it explores how climate change action can operationalize concepts that are inherent in both international trade and environmental law, namely, common but differentiated responsibilities and special and differentiated treatment to illustrate that the two, distinct legal regimes share the same path towards achieving sustainable development.
Handbook Chapter
In Research Handbook on Transnational Environmental Law
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
- Published:
- 10 November 2020
Collection:
Law 2020
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
Handbook Chapter
In Research Handbook on Transnational Environmental Law
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
- Published:
- 10 November 2020
Collection:
Law 2020
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. Varied perspectives from leading and emerging scholars are brought together to deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law.
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
Handbook Chapter
In Research Handbook on Transnational Environmental Law
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
- Published:
- 10 November 2020
Collection:
Law 2020
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
Handbook Chapter
In Research Handbook on Transnational Environmental Law
Edited by Veerle Heyvaert and Leslie-Anne Duvic-Paoli
- Published:
- 10 November 2020
Collection:
Law 2020
The Global Economic Order
The International Law and Politics of the Financial and Monetary System
Elli Louka
Exploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt – a critical component of states’ economic infrastructure – leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states.
The Role of the EU in Transnational Legal Ordering
Standards, Contracts and Codes
Edited by Marta Cantero Gamito and Hans -W. Micklitz
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
Edited by Jorge L. Fabra-Zamora
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Monograph Chapter
In Jurisprudence in a Globalized World
Edited by Jorge L. Fabra-Zamora
- Published:
- 3 February 2020
Collection:
Law 2020