Author: Andrea Bianchi
Publisher: Cambridge University Press
ISBN: 1107470242
Category : Law
Languages : en
Pages : 641
Book Description
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Transparency in International Law
Author: Andrea Bianchi
Publisher: Cambridge University Press
ISBN: 1107470242
Category : Law
Languages : en
Pages : 641
Book Description
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Publisher: Cambridge University Press
ISBN: 1107470242
Category : Law
Languages : en
Pages : 641
Book Description
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Transparency
Author: Rachel Adams
Publisher: Routledge
ISBN: 1000036340
Category : Law
Languages : en
Pages : 140
Book Description
This book critiques the contemporary recourse to transparency in law and policy. This is, ostensibly, the information age. At the heart of the societal shift toward digitalisation is the call for transparency and the liberalisation of information and data. Yet, with the recent rise of concerns such as 'fake news', post-truth and misinformation, where the policy responses to all these phenomena has been a petition for even greater transparency, it becomes imperative to critically reflect on what this dominant idea means, whom it serves, and what the effects are of its power. In response, this book provides the first sustained critique of the concept of transparency in law and policy. It offers a concise overview of transparency in law and policy around the world, and critiques how this concept works discursively to delimit other forms of governance, other ways of knowing and other realities. It draws on the work of Michel Foucault on discourse, archaeology and genealogy, together with later Foucaultian scholars, including Gayatri Chakravorty Spivak and Judith Butler, as a theoretical framework for challenging and thinking anew the history and understanding of what has become one of the most popular buzzwords of 21st century law and governance. At the intersection of law and governance, this book will be of considerable interest to those working in these fields; but also to those engaged in other interdisciplinary areas, including society and technology, the digital humanities, technology laws and policy, global law and policy, as well as the surveillance society.
Publisher: Routledge
ISBN: 1000036340
Category : Law
Languages : en
Pages : 140
Book Description
This book critiques the contemporary recourse to transparency in law and policy. This is, ostensibly, the information age. At the heart of the societal shift toward digitalisation is the call for transparency and the liberalisation of information and data. Yet, with the recent rise of concerns such as 'fake news', post-truth and misinformation, where the policy responses to all these phenomena has been a petition for even greater transparency, it becomes imperative to critically reflect on what this dominant idea means, whom it serves, and what the effects are of its power. In response, this book provides the first sustained critique of the concept of transparency in law and policy. It offers a concise overview of transparency in law and policy around the world, and critiques how this concept works discursively to delimit other forms of governance, other ways of knowing and other realities. It draws on the work of Michel Foucault on discourse, archaeology and genealogy, together with later Foucaultian scholars, including Gayatri Chakravorty Spivak and Judith Butler, as a theoretical framework for challenging and thinking anew the history and understanding of what has become one of the most popular buzzwords of 21st century law and governance. At the intersection of law and governance, this book will be of considerable interest to those working in these fields; but also to those engaged in other interdisciplinary areas, including society and technology, the digital humanities, technology laws and policy, global law and policy, as well as the surveillance society.
Transparency in International Investment Arbitration
Author: Dimitrij Euler
Publisher: Cambridge University Press
ISBN: 1107077931
Category : Education
Languages : en
Pages : 413
Book Description
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Publisher: Cambridge University Press
ISBN: 1107077931
Category : Education
Languages : en
Pages : 413
Book Description
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Transparency in International Trade and Investment Dispute Settlement
Author: Junji Nakagawa
Publisher: Routledge
ISBN: 113513054X
Category : Business & Economics
Languages : en
Pages : 242
Book Description
An increasing number of international trade disputes are settled through the WTO dispute settlement (DS) procedure. In parallel, an increasing number of international investment disputes are settled through investor-host state arbitration procedure. What does "transparency" mean in the context of international trade and investment dispute settlement? Why is enhanced transparency demanded? To what extent and in what manner should these dispute settlement procedures be transparent? The book addresses these issues of securing transparency in international trade and investment dispute settlement. Transparency in international trade and investment dispute settlement drew attention of international economic law scholars in the late 1990s, but most literature discusses the transparency in trade DS and investment DS separately. The book deals with the issue in a comprehensive and coherent manner, combining the analyses of the issue in both DS procedures and comparing the pros and cons to enhanced transparency in them. The main argument of the book is, first, that transparency in these procedures should be enhanced so that they may be accountable to a wider range of stakeholders, but, secondly, that the extent and the manner of transparency might differ in these two procedures, reflecting their structural and functional differences. The book will appeal to both scholars and students interested in international economic law and international relations, as well as lawyers and government officials who deal with international trade and investment regulation.
Publisher: Routledge
ISBN: 113513054X
Category : Business & Economics
Languages : en
Pages : 242
Book Description
An increasing number of international trade disputes are settled through the WTO dispute settlement (DS) procedure. In parallel, an increasing number of international investment disputes are settled through investor-host state arbitration procedure. What does "transparency" mean in the context of international trade and investment dispute settlement? Why is enhanced transparency demanded? To what extent and in what manner should these dispute settlement procedures be transparent? The book addresses these issues of securing transparency in international trade and investment dispute settlement. Transparency in international trade and investment dispute settlement drew attention of international economic law scholars in the late 1990s, but most literature discusses the transparency in trade DS and investment DS separately. The book deals with the issue in a comprehensive and coherent manner, combining the analyses of the issue in both DS procedures and comparing the pros and cons to enhanced transparency in them. The main argument of the book is, first, that transparency in these procedures should be enhanced so that they may be accountable to a wider range of stakeholders, but, secondly, that the extent and the manner of transparency might differ in these two procedures, reflecting their structural and functional differences. The book will appeal to both scholars and students interested in international economic law and international relations, as well as lawyers and government officials who deal with international trade and investment regulation.
Troubling Transparency
Author: David E. Pozen
Publisher: Columbia University Press
ISBN: 0231545800
Category : Language Arts & Disciplines
Languages : en
Pages : 329
Book Description
Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading scholars from different disciplines to analyze freedom of information policies in the United States and abroad—how they are working, how they are failing, and how they might be improved. Contributors investigate the creation of FOIA; its day-to-day uses and limitations for the news media and for corporate and citizen requesters; its impact on government agencies; its global influence; recent alternatives to the FOIA model raised by the emergence of “open data” and other approaches to transparency; and the theoretical underpinnings of FOIA and the right to know. In addition to examining the mixed legacy and effectiveness of FOIA, contributors debate how best to move forward to improve access to information and government functioning. Neither romanticizing FOIA nor downplaying its real and symbolic achievements, Troubling Transparency is a timely and comprehensive consideration of laws such as FOIA and the larger project of open government, with wide-ranging lessons for journalism, law, government, and civil society.
Publisher: Columbia University Press
ISBN: 0231545800
Category : Language Arts & Disciplines
Languages : en
Pages : 329
Book Description
Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading scholars from different disciplines to analyze freedom of information policies in the United States and abroad—how they are working, how they are failing, and how they might be improved. Contributors investigate the creation of FOIA; its day-to-day uses and limitations for the news media and for corporate and citizen requesters; its impact on government agencies; its global influence; recent alternatives to the FOIA model raised by the emergence of “open data” and other approaches to transparency; and the theoretical underpinnings of FOIA and the right to know. In addition to examining the mixed legacy and effectiveness of FOIA, contributors debate how best to move forward to improve access to information and government functioning. Neither romanticizing FOIA nor downplaying its real and symbolic achievements, Troubling Transparency is a timely and comprehensive consideration of laws such as FOIA and the larger project of open government, with wide-ranging lessons for journalism, law, government, and civil society.
Transparency in the WTO SPS and TBT Agreements
Author: Marianna B. Karttunen
Publisher: Cambridge University Press
ISBN: 1108486452
Category : Business & Economics
Languages : en
Pages : 359
Book Description
Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Publisher: Cambridge University Press
ISBN: 1108486452
Category : Business & Economics
Languages : en
Pages : 359
Book Description
Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Transparency in Insurance Regulation and Supervisory Law
Author: Pierpaolo Marano
Publisher: Springer Nature
ISBN: 3030636216
Category : Law
Languages : en
Pages : 617
Book Description
This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.
Publisher: Springer Nature
ISBN: 3030636216
Category : Law
Languages : en
Pages : 617
Book Description
This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.
The Interpretation of Acts and Rules in Public International Law
Author: Alexander Orakhelashvili
Publisher: Oxford Monographs in Internati
ISBN: 0199546223
Category : Language Arts & Disciplines
Languages : en
Pages : 623
Book Description
This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
Publisher: Oxford Monographs in Internati
ISBN: 0199546223
Category : Language Arts & Disciplines
Languages : en
Pages : 623
Book Description
This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
Transparency in Global Change
Author: Burkart Holzner
Publisher: University of Pittsburgh Pre
ISBN: 9780822972877
Category : Social Science
Languages : en
Pages : 412
Book Description
Transparency in Global Change examines the quest for information exchange in an increasingly international, open society. Recent transformations in governments and cultures have brought about a surge in the pursuit of knowledge in areas of law, trade, professions, investment, education, and medical practice—among others. Technological advancements in communications, led by the United States, and public access to information fuel the phenomenon of transparency. This rise in transparency parallels a diminution of secrecy—though, as Burkart and Leslie Holzner point out, secrecy continues to exist on many levels. Based on current events and historical references in literature and the social sciences, Transparency in Global Change focuses on the turning points of information cultures, such as scandals, that lead to pressure for transparency. Moreover, the Holzners illuminate byproducts of transparency—debate, insight, and impetus for change, as transparency exposes the moral corruptions of dictatorship, empire, and inequity.
Publisher: University of Pittsburgh Pre
ISBN: 9780822972877
Category : Social Science
Languages : en
Pages : 412
Book Description
Transparency in Global Change examines the quest for information exchange in an increasingly international, open society. Recent transformations in governments and cultures have brought about a surge in the pursuit of knowledge in areas of law, trade, professions, investment, education, and medical practice—among others. Technological advancements in communications, led by the United States, and public access to information fuel the phenomenon of transparency. This rise in transparency parallels a diminution of secrecy—though, as Burkart and Leslie Holzner point out, secrecy continues to exist on many levels. Based on current events and historical references in literature and the social sciences, Transparency in Global Change focuses on the turning points of information cultures, such as scandals, that lead to pressure for transparency. Moreover, the Holzners illuminate byproducts of transparency—debate, insight, and impetus for change, as transparency exposes the moral corruptions of dictatorship, empire, and inequity.
How to Do Things with International Law
Author: Ian Hurd
Publisher: Princeton University Press
ISBN: 1400888077
Category : Political Science
Languages : en
Pages : 201
Book Description
A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.
Publisher: Princeton University Press
ISBN: 1400888077
Category : Political Science
Languages : en
Pages : 201
Book Description
A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.