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Contracting With Sovereignty
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Book Synopsis Contracting States by : Alexander Cooley
Download or read book Contracting States written by Alexander Cooley and published by Princeton University Press. This book was released on 2009-05-10 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Contracting with Sovereignty by : Ivar Alvik
Download or read book Contracting with Sovereignty written by Ivar Alvik and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Outsourcing Sovereignty by : Paul R. Verkuil
Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by Cambridge University Press. This book was released on 2007-12-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Permanent Sovereignty over Natural Resources by : Marc Bungenberg
Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sovereignty as Responsibility by : Francis M. Deng
Download or read book Sovereignty as Responsibility written by Francis M. Deng and published by Rowman & Littlefield. This book was released on 2010-12-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignty provides a framework for evaluating government accountability. It proposes standards that guide performance and sharpen tools of conflict prevention rather than simply making post-hoc judgments on success or failure. The authors demonstrate that sovereignty as responsibility is both a national obligation and a global imperative.
Book Synopsis The Contracting State by : Ian Harden
Download or read book The Contracting State written by Ian Harden and published by . This book was released on 1992 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Outsourcing Sovereignty by : Paul R. Verkuil
Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by . This book was released on 2007 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the common practice of government contracting for tasks and consulting.
Book Synopsis The Sovereignty Wars by : Stewart Patrick
Download or read book The Sovereignty Wars written by Stewart Patrick and published by Brookings Institution Press. This book was released on 2019-05-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily high-jacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation's fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
Book Synopsis The Social Contract, and Discourses by : Jean-Jacques Rousseau
Download or read book The Social Contract, and Discourses written by Jean-Jacques Rousseau and published by J M Dent & Sons Limited. This book was released on 1950 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Resistance and Change in the International Law on Foreign Investment by : M. Sornarajah
Download or read book Resistance and Change in the International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2015-04-16 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
Book Synopsis The Right of Sovereignty by : Daniel Lee
Download or read book The Right of Sovereignty written by Daniel Lee and published by Oxford University Press. This book was released on 2021-08-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
Download or read book Leviathan written by Thomas Hobbes and published by Courier Corporation. This book was released on 2012-10-03 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written during a moment in English history when the political and social structures were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world.
Book Synopsis State Responsibility for Breaches of Investment Contracts by : Jean Ho
Download or read book State Responsibility for Breaches of Investment Contracts written by Jean Ho and published by Cambridge University Press. This book was released on 2018-10-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
Book Synopsis Admissibility of Shareholder Claims under Investment Treaties by : Gabriel Bottini
Download or read book Admissibility of Shareholder Claims under Investment Treaties written by Gabriel Bottini and published by Cambridge University Press. This book was released on 2020-09-17 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.
Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book Sovereignty written by Stephen D. Krasner and published by Princeton University Press. This book was released on 1999-08-02 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The acceptance of human rights and minority rights, the increasing role of international financial institutions, and globalization have led many observers to question the continued viability of the sovereign state. Here a leading expert challenges this conclusion. Stephen Krasner contends that states have never been as sovereign as some have supposed. Throughout history, rulers have been motivated by a desire to stay in power, not by some abstract adherence to international principles. Organized hypocrisy--the presence of longstanding norms that are frequently violated--has been an enduring attribute of international relations. Political leaders have usually but not always honored international legal sovereignty, the principle that international recognition should be accorded only to juridically independent sovereign states, while treating Westphalian sovereignty, the principle that states have the right to exclude external authority from their own territory, in a much more provisional way. In some instances violations of the principles of sovereignty have been coercive, as in the imposition of minority rights on newly created states after the First World War or the successor states of Yugoslavia after 1990; at other times cooperative, as in the European Human Rights regime or conditionality agreements with the International Monetary Fund. The author looks at various issues areas to make his argument: minority rights, human rights, sovereign lending, and state creation in the nineteenth and twentieth centuries. Differences in national power and interests, he concludes, not international norms, continue to be the most powerful explanation for the behavior of states.
Book Synopsis Hierarchy in International Relations by : David A. Lake
Download or read book Hierarchy in International Relations written by David A. Lake and published by Cornell University Press. This book was released on 2011-01-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: International relations are generally understood as a realm of anarchy in which countries lack any superior authority and interact within a Hobbesian state of nature. In Hierarchy in International Relations, David A. Lake challenges this traditional view, demonstrating that states exercise authority over one another in international hierarchies that vary historically but are still pervasive today. Revisiting the concepts of authority and sovereignty, Lake offers a novel view of international relations in which states form social contracts that bind both dominant and subordinate members. The resulting hierarchies have significant effects on the foreign policies of states as well as patterns of international conflict and cooperation. Focusing largely on U.S.-led hierarchies in the contemporary world, Lake provides a compelling account of the origins, functions, and limits of political order in the modern international system. The book is a model of clarity in theory, research design, and the use of evidence. Motivated by concerns about the declining international legitimacy of the United States following the Iraq War, Hierarchy in International Relations offers a powerful analytic perspective that has important implications for understanding America's position in the world in the years ahead.