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Transparency In International Law
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Book Synopsis Transparency in International Law by : Andrea Bianchi
Download or read book Transparency in International Law written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2013-11-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transparency written by Rachel Adams and published by Routledge. This book was released on 2020-01-14 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transparency in International Investment Arbitration by : Dimitrij Euler
Download or read book Transparency in International Investment Arbitration written by Dimitrij Euler and published by Cambridge University Press. This book was released on 2015-08-10 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Book Synopsis Troubling Transparency by : David E. Pozen
Download or read book Troubling Transparency written by David E. Pozen and published by Columbia University Press. This book was released on 2018-08-07 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transparency in Insurance Contract Law by : Pierpaolo Marano
Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Book Synopsis How to Do Things with International Law by : Ian Hurd
Download or read book How to Do Things with International Law written by Ian Hurd and published by Princeton University Press. This book was released on 2019-08-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Book Synopsis Transparency in Global Change by : Burkart Holzner
Download or read book Transparency in Global Change written by Burkart Holzner and published by University of Pittsburgh Pre. This book was released on 2010-06-15 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transparency in the WTO SPS and TBT Agreements by : Marianna B. Karttunen
Download or read book Transparency in the WTO SPS and TBT Agreements written by Marianna B. Karttunen and published by Cambridge University Press. This book was released on 2020-04-23 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Download or read book The Right to Know written by Ann Florini and published by Columbia University Press. This book was released on 2007 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to Know is a timely and compelling consideration of a vital question: What information should governments and other powerful organizations disclose? Excessive secrecy corrodes democracy, facilitates corruption, and undermines good public policymaking, but keeping a lid on military strategies, personal data, and trade secrets is crucial to the protection of the public interest. Over the past several years, transparency has swept the world. India and South Africa have adopted groundbreaking national freedom of information laws. China is on the verge of promulgating new openness regulations that build on the successful experiments of such major municipalities as Shanghai. From Asia to Africa to Europe to Latin America, countries are struggling to overcome entrenched secrecy and establish effective disclosure policies. More than seventy now have or are developing major disclosure policies or laws. But most of the world's nearly 200 nations do not have coherent disclosure laws; implementation of existing rules often proves difficult; and there is no consensus about what disclosure standards should apply to the increasingly powerful private sector. As governments and corporations battle with citizens and one another over the growing demand to submit their secrets to public scrutiny, they need new insights into whether, how, and when greater openness can serve the public interest, and how to bring about beneficial forms of greater disclosure. The Right to Know distills the lessons of many nations' often bitter experience and provides careful analysis of transparency's impact on governance, business regulation, environmental protection, and national security. Its powerful lessons make it a critical companion for policymakers, executives, and activists, as well as students and scholars seeking a better understanding of how to make information policy serve the public interest.
Book Synopsis Accountability and the Law by : Piotr Mikuli
Download or read book Accountability and the Law written by Piotr Mikuli and published by Routledge. This book was released on 2021-08-12 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.
Book Synopsis Transparency in Insurance Regulation and Supervisory Law by : Pierpaolo Marano
Download or read book Transparency in Insurance Regulation and Supervisory Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021-03-30 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transparency in Government Operations by : Mr.J. D. Craig
Download or read book Transparency in Government Operations written by Mr.J. D. Craig and published by International Monetary Fund. This book was released on 1998-02-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transparency in government operations is widely regarded as an important precondition for macroeconomic fiscal sustainability, good governance, and overall fiscal rectitude. Notably, the Interim Committee, at its April and September 1996 meetings, stressed the need for greater fiscal transparency. Prompted by these concerns, this paper represents a first attempt to address many of the aspects of transparency in government operations. It provides an overview of major issues in fiscal transparency and examines the IMF's role in promoting transparency in government operations.
Book Synopsis Legitimacy, Justice and Public International Law by : Lukas H. Meyer
Download or read book Legitimacy, Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Book Synopsis Research Handbook on Transparency by : Padideh Ala’i
Download or read book Research Handbook on Transparency written by Padideh Ala’i and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expert contributors identify the goals, purposes and ramifications of transparency while presenting both its advantages and shortcomings. Through this framework, they explore transparency from a number of international and comparative perspectives.
Author :Alexander Orakhelashvili Publisher :Oxford Monographs in Internati ISBN 13 :0199546223 Total Pages :623 pages Book Rating :4.1/5 (995 download)
Book Synopsis The Interpretation of Acts and Rules in Public International Law by : Alexander Orakhelashvili
Download or read book The Interpretation of Acts and Rules in Public International Law written by Alexander Orakhelashvili and published by Oxford Monographs in Internati. This book was released on 2008 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Equality and Transparency by : D. Sabbagh
Download or read book Equality and Transparency written by D. Sabbagh and published by Springer. This book was released on 2007-08-20 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can affirmative action policies be convincingly justified? And how have they been legitimized over time? In a pluridisciplinary perspective at the intersection of political theory and the sociology of law, Daniel Sabbagh criticizes the two prevailing justifications put forward in favor of affirmative action: the corrective justice argument and the diversity argument.He defends the policy instead as an instrument designed to bring about the deracialization of American society. In this respect, however, affirmative action requires a measure of dissimulation in order to succeed.Equality and Transparency explains why this is so and provides a new interpretation of the strategic component in the Supreme Court's case law while identifying some of its most remarkable side effects.
Book Synopsis The Constitutionalization of International Law by : Jan Klabbers
Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by Oxford University Press. This book was released on 2009-10 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union.This book asks whether we now see constitutionalization taking place also at the global level.The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.
