International Law in the New Age of Globalization 1st Edition by Andrew Byrnes, Mika Hayashi, Christopher Michaelsen 9789004228818 9004228810

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ISBN 10: 9004228810
ISBN 13: 9789004228818 
Author: Andrew Byrnes; Mika Hayashi; Christopher Michaelsen

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.

International Law in the New Age of Globalization 1st Table of contents:

PART 1

ADAPTING CLASSICAL INTERNATIONAL LEGAL TOOLS TO REGULATE AND ADJUDICATE COMMUNITY INTERESTS AND CONFLICTS IN THE ERA OF GLOBALIZATION

1. The Competence of the Security Council under the UN Charter to Adopt Sanctions Targeting Private Individuals……. Christopher Michaelsen 11

2. International Dispute Resolution in an Era of Globalization41 Anna Spain

3. The ICJ as a Guardian of Community Interests? Legal Limitations on the Use of Provisional Measures……. Yoshiyuki Lee-Iwamoto 71

4. Clearance of Remnants of War and Its Assistance as Collective Responsibility: The Case of the Ottawa Convention (Mine Ban Convention)….. Mika Hayashi

93

PART 2

COORDINATING DIALOGUES AND GOVERNANCE STRATEGIES WITHIN AND BETWEEN INTERNATIONAL LEGAL SYSTEMS AND INSTITUTIONS

5. The Use of Force and the Emerging International Judicial System… Philippa Webb 121

6. The ‘Interoperability’ of International Humanitarian Law and Human Rights Law: Evaluating the Legal Tools Available to Negotiate their Relationship.. Sarah McCosker

7. Regional Streamlining of International Trade and International Human Rights Norms…. Ljiljana Buković

8. Managing Fragmentation Through Governance: International Environmental Law in a Globalized World. Karen N Scott

PART 3

GLOBALIZATION AND THE DIVERSIFICATION OF ACTORS

9. The Public Policy Dimensions of MNE Legal Personality: Is It Time to Unveil the Masters of Globalization?… Robin Hansen

10. Norms of Consultation with Indigenous Peoples: Decentralization of International Law Formation or Reinforcement of States’ Roles?. Dwight Newman

11. Co-Regulation and the Role of Transnational Corporations as Subjects in Implementing International Environmental Law…. Anastasia Telesetsky

12. The Parameters of Vicarious Corporate: Criminal Liability for Genocide under International Law Michael J Kelly

13. Business Corporations as Non-State Actors in International Law: A Brand-New International Law-Making Process through Investment Treaty Arbitration.. Yoshihisa Hayakawa

PART 4

THE EXPOSURE OF STATE SOVEREIGNTY

TO PRIVATE ACTORS AND THE NEED TO PRESERVE THE REGULATORY POWERS OF STATES

14. The Significance of the Recent Enactment of Japan’s Sovereign Immunity Act in the New Age of Globalization Tomonori Mizushima

15. Looking for Legitimate Claims: Scope of NAFTA Chapter 1 and Limitation of Responsibility of Host State…. Charles-Emmanuel Côté

Conclusion…… Andrew Byrnes, Mika Hayashi and Christopher Michaelsen

Notes on Contributors.

Index..

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