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Author: Shawkat Alam
Publisher: Cambridge University Press
ISBN: 1107055695
Category : Law
Languages : en
Pages : 657
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Book Description
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
Author: Shawkat Alam
Publisher: Cambridge University Press
ISBN: 1107055695
Category : Law
Languages : en
Pages : 657
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Book Description
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
Author: Avidan Kent
Publisher: Routledge
ISBN: 1000452557
Category : Law
Languages : en
Pages : 208
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Book Description
This book will discuss the legal tools offered by international law that can support foreign direct investment (FDI) in the renewable energy sector in the Global South. Promoting and increasing investment in the renewable energy sector is crucial for limiting global temperature rise to 1.5°C and addressing energy poverty in the Global South. In this volume, Avidan Kent explores the various home-country measures (HCMs) offered by international law that support FDI in the renewable energy sector. This book provides a bird’s eye evaluation of HCMs from fields such as trade law, investment law, environmental law, development law and more. It reveals that while international law indeed offers many legal tools to support investors’ needs, the current legal framework is fragmented; most legal instruments were designed in isolation and the potential for mutually supportive, synergetic policies has been explored only to a limited extent. This fragmented reality is in contradiction to the notion of Policy Coherence for Development, which is increasingly gaining support in leading institutions in Europe and elsewhere. This book will provide recommendations on the manner in which HCMs can be connected in order to maximise their potential and boost investment in renewable energies in the developing world. International Law and Renewable Energy Investment in the Global South will be of great interest to scholars, students and practitioners of international law, energy studies, development studies and IR more broadly.
Author: Kirk W. Junker
Publisher: Routledge
ISBN: 1000472434
Category : Law
Languages : en
Pages : 256
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Book Description
This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.
Author: Fabio Morosini
Publisher: Cambridge University Press
ISBN: 1107190037
Category : Business & Economics
Languages : en
Pages : 321
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Book Description
This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.
Author: Ajendra Srivastava
Publisher: Springer Nature
ISBN: 9811554757
Category : Law
Languages : en
Pages : 334
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Book Description
This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.
Author: Ntina Tzouvala
Publisher: Cambridge University Press
ISBN: 1108497187
Category : Law
Languages : en
Pages : 277
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Book Description
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
Author: Subrata Roy Chowdhury
Publisher: BRILL
ISBN: 9004637680
Category : Law
Languages : en
Pages : 441
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Book Description
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.
Author: John Linarelli
Publisher: Oxford University Press
ISBN: 0198753950
Category : Law
Languages : en
Pages : 337
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Book Description
Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
Author: Pablo Ciocchini
Publisher: Routledge
ISBN: 0429861680
Category : Law
Languages : en
Pages : 221
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Book Description
This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.
Author: Luis Eslava
Publisher: Cambridge University Press
ISBN: 1107092124
Category : Business & Economics
Languages : en
Pages : 375
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Book Description
This book examines the everyday functioning and impact of international law and the development project, particularly across cities in emergent nations.
