Linkages and boundaries in private and public international law

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Linkages and boundaries in private and public international law

edited by Verónica Ruiz Abou-Nigm, Kasey McCall-Smith and Duncan French

Hart Pub., 2018

  • : HB

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Includes bibliographical references and index

Description and Table of Contents

Description

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 they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.

Table of Contents

Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law Veronica 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, KC 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 Veronica 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 Maria 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 Maria Blanca Noodt Taquela and Ana Maria 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 Ruhmkorf 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

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