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Transnationalization Of Public Contracts
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Author :Mathias Audit Publisher :Droit Administratif / Administrative Law ISBN 13 :9782802744061 Total Pages :971 pages Book Rating :4.7/5 (44 download)
Book Synopsis Transnationalization of Public Contracts by : Mathias Audit
Download or read book Transnationalization of Public Contracts written by Mathias Audit and published by Droit Administratif / Administrative Law. This book was released on 2016-05-15 with total page 971 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’ouvrage présente et analyse tous les phénomènes d’internationalisation qui affectent le droit et la pratique des contrats publics.
Book Synopsis The Politics of Private Transnational Governance by Contract by : A. Claire Cutler
Download or read book The Politics of Private Transnational Governance by Contract written by A. Claire Cutler and published by Taylor & Francis. This book was released on 2017-03-31 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index
Book Synopsis The Role of the EU in Transnational Legal Ordering by : Marta Cantero Gamito
Download or read book The Role of the EU in Transnational Legal Ordering written by Marta Cantero Gamito and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
Book Synopsis A Community of Europeans? by : Thomas Risse
Download or read book A Community of Europeans? written by Thomas Risse and published by Cornell University Press. This book was released on 2015-07-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Community of Europeans?, a thoughtful observer of the ongoing project of European integration evaluates the state of the art about European identity and European public spheres. Thomas Risse argues that integration has had profound and long-term effects on the citizens of EU countries, most of whom now have at least a secondary "European identity" to complement their national identities. Risse also claims that we can see the gradual emergence of transnational European communities of communication. Exploring the outlines of this European identity and of the communicative spaces, Risse sheds light on some pressing questions: What do "Europe" and "the EU" mean in the various public debates? How do European identities and transnational public spheres affect policymaking in the EU? And how do they matter in discussions about enlargement, particularly Turkish accession to the EU? What will be the consequences of the growing contestation and politicization of European affairs for European democracy? This focus on identity allows Risse to address the "democratic deficit" of the EU, the disparity between the level of decision making over increasingly relevant issues for peoples' lives (at the EU) and the level where politics plays itself out—in the member states. He argues that the EU's democratic deficit can only be tackled through politicization and that "debating Europe" might prove the only way to defend modern and cosmopolitan Europe against the increasingly forceful voices of Euroskepticism.
Book Synopsis Knowledge Actors and Transnational Governance by : D. Stone
Download or read book Knowledge Actors and Transnational Governance written by D. Stone and published by Springer. This book was released on 2013-08-29 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diane Stone addresses the network alliances or partnerships of international organisations with knowledge organisations and networks. Moving beyond more common studies of industrial public-private partnerships, she addresses how, and why, international organisations and global policy actors need to incorporate ideas, expertise and scientific opinion into their 'global programmes'. Rather than assuming that the encouragement for 'evidence-informed policy' in global and regional institutions of governance is an indisputable public good, she queries the influence of expert actors in the growing number of part-private or semi-public policy networks.
Book Synopsis Paradigms of Social Order by : Sergio Dellavalle
Download or read book Paradigms of Social Order written by Sergio Dellavalle and published by Springer Nature. This book was released on 2021-05-27 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou
Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Book Synopsis Public Procurement and Human Rights by : Olga Martin-Ortega
Download or read book Public Procurement and Human Rights written by Olga Martin-Ortega and published by Edward Elgar Publishing. This book was released on 2019 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
Book Synopsis Drafting International Contracts by : Marcel Fontaine
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.
Download or read book Europe written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2014-11-05 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of Europe and the role it will play in the 21st century are among the most important political questions of our time. The optimism of a decade ago has now faded but the stakes are higher than ever. The way these questions are answered will have enormous implications not only for all Europeans but also for the citizens of Europe’s closest and oldest ally – the USA. In this new book, one of Europe's leading intellectuals examines the political alternatives facing Europe today and outlines a course of action for the future. Habermas advocates a policy of gradual integration of Europe in which key decisions about Europe's future are put in the hands of its peoples, and a 'bipolar commonality' of the West in which a more unified Europe is able to work closely with the United States to build a more stable and equitable international order. This book includes Habermas's portraits of three long-time philosophical companions, Richard Rorty, Jacques Derrida and Ronald Dworkin. It also includes several important new texts by Habermas on the impact of the media on the public sphere, on the enduring importance religion in "post-secular" societies, and on the design of a democratic constitutional order for the emergent world society.
Book Synopsis Governing Globalization by : Anthony McGrew
Download or read book Governing Globalization written by Anthony McGrew and published by Polity. This book was released on 2002-12-20 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the UN's creation in 1945 a vast nexus of global and regional institutions has evolved, surrounded by a proliferation of non-governmental agencies and advocacy networks seeking to influence the agenda and direction of international public policy. Although world government remains a fanciful idea, there does exist an evolving global governance complex - embracing states, international institutions, transnational networks and agencies (both public and private) - which functions, with variable effect, to promote, regulate or intervene in the common affairs of humanity. This book provides an accessible introduction to the current debate about the changing form and political significance of global governance. It brings together original contributions from many of the best-known theorists and analysts of global politics to explore the relevance of the concept of global governance to understanding how global activity is currently regulated. Furthermore, it combines an elucidation of substantive theories with a systematic analysis of the politics and limits of governance in key issue areas - from humanitarian intervention to the regulation of global finance. Thus, the volume provides a comprehensive theoretical and empirical assessment of the shift from national government to multilayered global governance. Governing Globalization is the third book in the internationally acclaimed series on global transformations. The other two volumes are Global Transformations: Politics, Economics and Culture and The Global Transformations Reader: An Introduction to the Globalization Debate.
Book Synopsis Transnational Partnerships by : M. Beisheim
Download or read book Transnational Partnerships written by M. Beisheim and published by Springer. This book was released on 2014-02-20 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are some transnational public-private partnerships (PPPs) highly effective, while others are not? The contributors compare 21 transnational PPPs that seek to provide collective goods in the field of sustainable development.
Book Synopsis Transnational Europe by : J. DeBardeleben
Download or read book Transnational Europe written by J. DeBardeleben and published by Springer. This book was released on 2011-06-21 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational connections are a defining feature of contemporary Europe. They include cross-border economic and cultural exchange, migration, and political activism. This volume probes their political and social significance and makes a case for incorporating transnationalism more systematically into the research agenda of European Studies.
Book Synopsis Force Majeure and Hardship Under General Contract Principles by : Christoph Brunner
Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Book Synopsis Transnational Corporations and Human Rights by : Olivier De Schutter
Download or read book Transnational Corporations and Human Rights written by Olivier De Schutter and published by Bloomsbury Publishing. This book was released on 2006-09-11 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.
Book Synopsis The Oxford Handbook of Global Policy and Transnational Administration by : Diane Stone
Download or read book The Oxford Handbook of Global Policy and Transnational Administration written by Diane Stone and published by Oxford University Press. This book was released on 2019-01-10 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global policy making is unfurling in distinctive ways above traditional nation-state policy processes. New practices of transnational administration are emerging inside international organizations but also alongside the trans-governmental networks of regulators and inside global public private partnerships. Mainstream policy and public administration studies have tended to analyse the capacity of public sector hierarchies to globalize national policies. By contrast, this Handbook investigates new public spaces of transnational policy-making, the design and delivery of global public goods and services, and the interdependent roles of transnational administrators who move between business bodies, government agencies, international organizations, and professional associations. This Handbook is novel in taking the concepts and theories of public administration and policy studies to get inside the black box of global governance. Transnational administration is a multi-actor and multi-scalar endeavour having manifestations, depending on the policy issue or problems, at the local, urban, sub-regional, sub-national, regional, national, supranational, supra-regional, transnational, international, and global scales. These scales of 'local' and 'global' are not neatly bounded and nested spaces but are articulated together in complex patterns of policy activity. These transnational patterns represent a reinvigoration of public administration and policy studies as the Handbook authors advance their analysis beyond the methodological nationalism of the nation-state.
