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Author : Andrea Bianchi,Anne Peters
Publisher : Cambridge University Press
Page : 641 pages
File Size : 49,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107021389
Analyses the hitherto unexplored issues concerning transparency in key areas of international law.
Author : Andrea Bianchi,Anne Peters
Publisher : Cambridge University Press
Page : 650 pages
File Size : 44,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470248
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.
Author : Andrea Bianchi,Anne C. Peters
Publisher : Unknown
Page : 620 pages
File Size : 55,8 Mb
Release : 2013
Category : Freedom of information
ISBN : 1461953545
"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."--Pub. desc.
Author : Rachel Adams
Publisher : Routledge
Page : 132 pages
File Size : 55,8 Mb
Release : 2020-01-14
Category : Law
ISBN : 9781000036343
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.
Author : Piotr Mikuli,Grzegorz Kuca
Publisher : Routledge
Page : 225 pages
File Size : 52,9 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781000424676
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.
Author : Dimitrij Euler,Markus Gehring,Maxi Scherer,Meagan Wong,Rebecca Hadgett
Publisher : Cambridge University Press
Page : 413 pages
File Size : 44,9 Mb
Release : 2015-08-10
Category : Law
ISBN : 9781107077935
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Author : Dacian C. Dragos,Polonca Kovač,Albert T. Marseille
Publisher : Springer
Page : 676 pages
File Size : 49,5 Mb
Release : 2018-07-20
Category : Political Science
ISBN : 9783319764603
This book examines the issue of free access to information as part of the openness and transparency principles. The free access to public information has become one of the most hotly contested aspects of contemporary government and public administration. Many countries in Europe have well-established Freedom of Information laws (FOIAs), while others have adopted them more recently. The problems that occur in the implementation of FOIAs are different due to the legal and institutional context; nevertheless, patterns of best practices and malfunctioning are comparable. The book analyses in comparative and empirical perspective the respective main challenges. Whilst the existing literature focusses on the legal provisions, this book offers practical insights through 13 national profiles and the EU level, on how effective the legal provisions of FOIAs really prove to be.
Author : Pierpaolo Marano,Kyriaki Noussia
Publisher : Springer Nature
Page : 714 pages
File Size : 49,6 Mb
Release : 2020-03-11
Category : Law
ISBN : 9783030311988
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.
Author : Lavanya Rajamani,Jacqueline Peel
Publisher : Oxford University Press
Page : 1104 pages
File Size : 42,5 Mb
Release : 2021-08-06
Category : Law
ISBN : 9780192589033
The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Author : Marianna B. Karttunen
Publisher : Cambridge University Press
Page : 359 pages
File Size : 51,7 Mb
Release : 2020-04-23
Category : Business & Economics
ISBN : 9781108486453
Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Author : Pierpaolo Marano,Kyriaki Noussia
Publisher : Springer Nature
Page : 617 pages
File Size : 42,6 Mb
Release : 2021-03-30
Category : Law
ISBN : 9783030636210
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.
Author : David E. Pozen,Michael Schudson
Publisher : Columbia University Press
Page : 329 pages
File Size : 50,7 Mb
Release : 2018-08-07
Category : Language Arts & Disciplines
ISBN : 9780231545808
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.
Author : Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani
Publisher : Oxford University Press
Page : 417 pages
File Size : 50,5 Mb
Release : 2017
Category : Law
ISBN : 9780199664290
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Author : Paul Beckett
Publisher : Routledge
Page : 191 pages
File Size : 41,5 Mb
Release : 2019-05-08
Category : Business & Economics
ISBN : 9780429782008
There is something visceral about ownership. This is mine; you can’t have it. This is mine; you can share it. This is ours. Try to find it. Contemporary literature and investigative journalism are showing that the scale of the problem of tax evasion, money laundering, organised crime, terrorism, bribery, corruption and gross human rights abuses is vast. Ownership – specifically, the quest to identify beneficial owners - has been chosen by national and international regulators as the touchstone, the litmus test in the fight back. An owner by definition must possess something for which they are financially accountable. But what is meant by "ownership"? This book explains why ownership is pivotal to accountability, and what ownership means in common law, civil law and Shariah law terms. It looks in detail at State, regional and international transparency strategies and at an equally powerful global private counter-initiative to promote beneficial ownership avoidance through the use of so-called "orphan structures". Where there is no owner, there is no accountability. The distinction between privacy and legitimate confidentiality on the one hand, and concealment on the other is explained with reference to commercial and trade law and practice, principles of corporate governance and applicable business human rights. This book introduces one further counter initiative: the phenomenon of transient ownership made possible through the use of cryptocurrency and the blockchain. The study concludes with a blueprint for action with recommendations addressed to states, international organisations, practitioners and other stakeholders.
Author : Junji Nakagawa
Publisher : Routledge
Page : 242 pages
File Size : 41,9 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780415528733
First Published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.