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The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Part I: Contemporary Challenges of Global Governance in the Spotlight
Section 1: Actors and Processes Revisited
1 The Transparency of Global Governance
Anne Peters
2 Between Flexibility and Stability: Ad Hoc Procedures and/or Judicial Institutions?
Chiara Giorgetti
3 Domestic Courts as Compliance Enforcers
Mizushima Tomonori
4 Towards Reinforcing or Contesting the Vision of the Rule of Law?
Myriam Senn
5 Formation of International Custom and the Role of Non-State Actors
George D Kyriakopoulos
Section 2: Factors and Structures Reconsidered
6 Disaster Relief in International Law
Gabriella Venturini
7 After 60 Years: The International Legal Regime Protecting Stateless Persons-Stocktaking and New Tendencies
Tamas Molnar
8 Responsibility to Protect (R2P) and Minorities
Vassilios Grammatikas
9 Governance of Financial Crises: A Role for the International Protection of Economic and Social Rights?
Lorenza Mola
10 Recent Regulatory Initiatives in the Ratings Industry: CRA III and the ESMA Proposals on Structured Finance, the Performance of Agencies and their Fee Arrangements
Emmanuel P Mastromanolis
11 The Odious Debt Doctrine: The Past and the Challenges of the Present
Georgios Nikolaides-Krassas
Part II: International Legal Facets of the Modern Race towards Resources
Section 1: Protecting the Past
12 'Return of Cultural Treasures to their Countries of Origin': Principle or Trend in Cultural Property Law?
Irini Stamatoudi
13 The Cultural Heritage of Mankind beyond UNESCO: The Case of International Financial Institutions
Antonia Zervaki
Description
The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
