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This book makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war and imperial justice. The distinguished group of contributors examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and other major thinkers from the 16th to the 18th centuries on issues such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relations between natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores ways in which both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law and empire have become global, partly accepted and partly contested elsewhere in the world.
Using a power-knowledge framework, this volume critically investigates how major global indicators of legal governance are produced, disseminated and used, and to what effect. Original case studies include Freedom House's Freedom in the World indicator, the Global Reporting Initiative's structure for measuring and reporting on corporate social responsibility, the World Justice Project's measurement of the rule of law, the World Bank's Doing Business index, the World Bank-supported Worldwide Governance Indicators, the World Bank's Country Performance Institutional Assessment (CPIA), and the Transparency International Corruption (Perceptions) index. Also examined is the use of performance indicators by the European Union for accession countries and by the US Millennium Challenge Corporation in allocating US aid funds.
Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but enormous amounts of public and private investment to limit emissions while promoting green growth in developing countries. While attention has focused on emissions limitations commitments and architectures, the crucial issue of what must be done to mobilize and govern the necessary financial resources has received too little consideration. In Climate Finance, a leading group of policy experts and scholars shows how effective mitigation of climate change will depend on a complex mix of public funds, private investment through carbon markets, and structured incentives that leave room for developing country innovations. This requires sophisticated national and global regulation of cap-and-trade and offset markets, forest and energy policy, international development funding, international trade law, and coordinated tax policy. Thirty-six targeted policy essays present a succinct overview of the emerging field of climate finance, defining the issues, setting the stakes, and making new and comprehensive proposals for financial, regulatory, and governance mechanisms that will enrich political and policy debate for many years to come. The complex challenges of climate finance will continue to demand fresh insights and creative approaches. The ideas in this volume mark out starting points for essential institutional and policy innovations.
The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.
The use of indicators as a technique of global governance is
increasing rapidly. Major examples include the World Bank's Doing
Business Indicators, the World Bank's Good Governance and Rule of
Law indicators, the Millennium Development Goals, and the
indicators produced by Transparency International. Human rights
indicators are being developed in the UN and regional and advocacy
organizations. The burgeoning production and use of indicators has
not, however, been accompanied by systematic comparative study of,
or reflection on, the implications, possibilities, and pitfalls of
this practice.
Using a power-knowledge framework, this volume critically investigates how major global indicators of legal governance are produced, disseminated and used, and to what effect. Original case studies include Freedom House's Freedom in the World indicator, the Global Reporting Initiative's structure for measuring and reporting on corporate social responsibility, the World Justice Project's measurement of the rule of law, the World Bank's Doing Business index, the World Bank-supported Worldwide Governance Indicators, the World Bank's Country Performance Institutional Assessment (CPIA), and the Transparency International Corruption (Perceptions) index. Also examined is the use of performance indicators by the European Union for accession countries and by the US Millennium Challenge Corporation in allocating US aid funds.
This book, highly praised as an authoritative assessment of the United Nations and its place in international relations, brings together distinguished academics and senior UN officials in a clear and penetrating examination of how the UN has developed since 1945. This extensively revised, updated, and expanded edition takes into account a wide range of developments in a world which remains very much divided; the rapid expansion of UN peacekeeping and election-monitoring activities; the consequences of the collapse of communism in eastern Europe and the Soviet Union; the 1990-1 Gulf conflict and its aftermath; attempts at settlement of many regional conflicts; UN involvements in fractured societies, including Cambodia, Somalia, and the former Yugoslavia; and the political and resource limits of the UN's capabilities. This editional also takes full account of new sources, writings, and debates. There are four completely new chapters, by Patricia Birnie (environmental protection), Sally Morphet (peacekeeping), Brian Urquhart (post-Cold War security), and Peter Wilenski (the UN's structure). An appendix contains the full text of Secretary-General Boutros-Ghali's important report, An Agenda for Peace, to which he has added an introduction for this book. The other chapters are by Maurice Bertrand, Kenneth Dadzie, Tom J. Farer, Thomas M. Franck, Félice D. Gaer, Sir Michael Howard, Georg Nolte, Sir Anthony Parsons, Javier Pérez de Cuéllar, and Nagendra Singh. United Nations, Divided World is also a key reference work. The appendices include a bibliography and the complete text of the UN Charter, with all amendments. They also include lists of member states and their assessed contributions, Secretaries-General, UN peacekeeping and observer forces, and judgments and opinions of the International Court of Justice.
Was the Roman Empire just? Did Rome acquire her territories through
just wars, and did Rome's rule exert a civilizing effect,
ultimately beneficial for its subjects? Or was Roman imperialism a
massive injustice - the bellicose conquest and absorption of
countless peoples and large swaths of territory under false
pretences, driven by greed and a lust for domination and glory? In
The Wars of the Romans (1599), the important Italian jurist and
Regius Professor of Civil Law at Oxford University Alberico Gentili
(1552-1608) argues both sides of the debate. In the first book he
lays out the case against the justice of the Roman Empire, and in
the second book the case for.
The use of indicators as a technique of global governance is increasing rapidly. Major examples include the World Bank's Doing Business Indicators, the World Bank's Good Governance and Rule of Law indicators, the Millennium Development Goals, and the indicators produced by Transparency International. Human rights indicators are being developed in the UN and regional and advocacy organizations. The burgeoning production and use of indicators has not, however, been accompanied by systematic comparative study of, or reflection on, the implications, possibilities, and pitfalls of this practice. This book furthers the study of these issues by examining the production and history of indicators, as well as relationships between the producers, users, subjects, and audiences of indicators. It also explores the creation, use, and effects of indicators as forms of knowledge and as mechanisms of making and implementing decisions in global governance. Using insights from case studies, empirical work, and theoretical approaches from several disciplines, the book identifies legal, policy, and normative implications of the production and use of indicators as a tool of global governance.
Hugo Grotius (1583-1645), "the miracle of Holland," was famous as a child prodigy, theologian, historian, Dutch political figure, escaped political prisoner, and finally as Sweden's Ambassador to France. Addressing his contribution to international relations, this book critically reappraises Grotius' thought, comparing it to his predecessors and examining it in the context of the wars and controversies of his time. The collection illuminates enduring problems of international relations: the nature of international society and its institutions, the equality of states, restraints in war, collective security, military intervention, the rights of the individuals, and the law of the sea.
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