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Author: Alexander Cooley
Publisher: Princeton University Press
ISBN: 0691137242
Category : Law
Languages : en
Pages : 248
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Book Description
From the middle of the 20th century, the cessation of sovereignty, either partial or complete, has become a commonplace of international relations. This volume examines how states divide & transfer sovereignty & functions, in particular how 'incomplete contracts' have come to assume a central role in the process.
Author: Alexander Cooley
Publisher: Princeton University Press
ISBN: 0691137242
Category : Law
Languages : en
Pages : 248
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Book Description
From the middle of the 20th century, the cessation of sovereignty, either partial or complete, has become a commonplace of international relations. This volume examines how states divide & transfer sovereignty & functions, in particular how 'incomplete contracts' have come to assume a central role in the process.
Author: Ivar Alvik
Publisher: Bloomsbury Publishing
ISBN: 1847316220
Category : Law
Languages : en
Pages : 346
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Book Description
The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319157388
Category : Law
Languages : en
Pages : 234
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Book Description
Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Author: Paul R. Verkuil
Publisher: Cambridge University Press
ISBN: 0511346360
Category : Political Science
Languages : en
Pages : 248
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Book Description
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Author: Ian Harden
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 100
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Book Description
The author examines the role of contract in local government services, the NHS reforms and the "Next Steps" agencies in central government. He argues that there are two aspects to this issue: party political objectives and constitutional values, or in other words, ideology versus individual rights.
Author: Paul R. Verkuil
Publisher:
ISBN: 9780511351037
Category : Contracting out
Languages : en
Pages : 248
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Book Description
Examines the common practice of government contracting for tasks and consulting.
Author: Peter Gratton
Publisher: SUNY Press
ISBN: 1438437854
Category : Philosophy
Languages : en
Pages : 306
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Book Description
Considers the problems of sovereignty through the work of Rousseau, Arendt, Foucault, Agamben, and Derrida.
Author: John Fonte
Publisher: Encounter Books
ISBN: 1594035296
Category : Law
Languages : en
Pages : 476
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Book Description
The International Criminal Court claims authority over Americans for actions that the United States does not define as “crimes.” In short, the Twenty-First Century is witnessing an epic struggle between the forces of global governance and American constitutional democracy. Transnational progressives and transnational pragmatists in the UN, EU, post-modern states of Europe, NGOs, corporations, prominent foundations, and most importantly, in America’s leading elites, seek to establish “global governance.” Further, they understand that in order to achieve global governance, American sovereignty must be subordinated to the “global rule of law.” The U.S. Constitution must incorporate “evolving norms of international law.”Sovereignty or Submissionexamines this process with crystalline clarity and alerts the American public to the danger ahead. Global governance seeks legitimacy not in democracy, but in a partisan interpretation of human rights. It would shift power from democracies (U.S., Israel, India) to post-democratic authorities, such as the judges of the International Criminal Court. Global governance is a new political form (a rival to liberal democracy), that is already a significant actor on the world stage. America faces serious challenges from radical Islam and a rising China. Simultaneously, it faces a third challenge (global governance) that is internal to the democratic world; is non-violent; but nonetheless threatens constitutional self-government. Although it seems unlikely that the utopian goals of the globalists could be fully achieved, if they continue to obtain a wide spread influence over mainstream elite opinion, they could disable and disarm democratic self-government at home and abroad. The result would be the slow suicide of American liberal democracy. Whichever side prevails, the existential conflict'global governance versus American sovereignty (and democratic self-government in general) will be at the heart of world politics as far as the eye can see.
Author: Jean-Jacques Rousseau
Publisher: J M Dent & Sons Limited
ISBN: 9780525026600
Category : Political Science
Languages : en
Pages : 330
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Book Description
After an old university friend and fellow archeologist's murdered, forensic archeologist Ruth Galloway travels to Lancashire to examine the bones he found, which reveal a shocking fact about King Arthur, and discovers a campus living in fear of a sinister right-wing group called the White Hand.
Author: Jean Ho
Publisher: Cambridge University Press
ISBN: 1108415849
Category : Business & Economics
Languages : en
Pages : 379
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Book Description
This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
