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Author : Dimitri van den Meerssche Publisher : Oxford University Press Page : 337 pages File Size : 43,5 Mb Release : 2022-10-07 Category : International law ISBN : 9780192846495
The World Bank's Lawyers by Dimitri van den Meerssche Pdf
The World Bank's Lawyers provides an original socio-legal account of the evolving institutional life of international law. Informed by oral archives, months of participant observation, interviews, legal memoranda, and documents obtained through freedom-of-information requests, it tells a previously untold story of the World Bank's legal department between 1983 and 2016. This is a story of people and the beliefs they have, the influence they seek, and the tools they employ. It is an account of the practices they cling to and how these practices gain traction, or how they fail to do so, in an international bureaucracy. Inspired by actor-network theory, relational sociologies of association, and performativity theory, this ethnographic exploration multiplies the matters of concern in our study of international law (and lawyering): the human and non-human, material and semantic, visible and evasive actants that tie together the fragile fabric of legality. In tracing these threads, this book signals important changes in the conceptual repertoire and materiality of international legal practice, as liberal ideals were gradually displaced by managerial modes of evaluation. It reveals a world teeming with life--a space where professional postures and prototypes, aesthetic styles, and technical routines are woven together in law's shifting mode of existence. This history of international law as a contingent cultural technique enriches our understanding of the discipline's disenchantment and the displacement of its traditional tropes by unexpected and unruly actors. It thereby inspires new ways of critical thinking about international law's political pathways, promises, and pathologies, as its language is inscribed in ever-evolving rationalities of rule.
The International Law of Sovereign Debt Dispute Settlement by Kei Nakajima Pdf
The first two decades of the twenty-first century witnessed a series of large-scale sovereign defaults and debt restructurings, in which sovereigns struggled to negotiate with recalcitrant bondholders, particularly hedge funds. Also, the outbreak of the COVID-19 pandemic in 2020 heralded a bleak financial outlook for many developing and emerging market countries, requiring sovereign debt restructuring in times of great macroeconomic uncertainty. Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. This book proposes ways in which such legal actions could be regulated without the undue expense of bondholders' remedies by exploring the mechanism of balancing bondholder protection and respect for sovereign debt restructuring at various stages of litigation and arbitration proceedings.
Routledge Handbook of International Law and the Humanities by Shane Chalmers,Sundhya Pahuja Pdf
This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.
Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
A masterful, thought-provoking, and wide-ranging study of how the vestiges of the imperial era shape society today. In this groundbreaking narrative, The Shadows of Empire explains (in the vein of The Silk Roads and Prisoners of Geography) how the world’s imperial legacies still shape our lives—as well as the thorniest issues we face today. For the first time in millennia we live without formal empires. But that doesn’t mean we don’t feel their presence rumbling through history. From Russia’s incursions in the Ukraine to Brexit; from Trump’s America-First policy to China’s forays into Africa; from Modi’s India to the hotbed of the Middle East, Samir Puri provides a bold new framework for understanding the world’s complex rivalries and politics. Organized by region, and covering vital topics such as security, foreign policy, national politics and commerce, The Shadows of Empire combines gripping history and astute analysis to explain why the history of empire affects us all in profound ways; it is also a plea for greater awareness, both as individuals and as nations, of how our varied imperial pasts have contributed to why we see the world in such different ways.
Spend time at the International Criminal Court, and you will hear the familiar language of anti-impunity. Spend longer, and you will encounter the less familiar language of management – efficiency, risk, and performance, and tools of strategic planning, audit, and performance appraisal. How have these two languages fused within the primary institution of global justice? This book explores that question through an historical and conceptually layered account of management's effects on the ICC's global justice project. It historicises management, forcing international lawyers to look at the sites of struggle – from the plantation to the United Nations – that have shaped the court's managerial present. It traces the court's macro, micro and meso scales of management, showing how such practices have fashioned a vision of global justice at organisational, professional, and argumentative levels. And it asks how those who care about global justice might engage with managerial justice at an institution animated by forms, reforms, and the promise of optimisation.