Sanctions, Accountability and Governance in a Globalised World

by
Edition: 1st
Format: Hardcover
Pub. Date: 2009-12-14
Publisher(s): Cambridge University Press
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Summary

This book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field.

Author Biography

Jeremy Farrall is Research Fellow at the Centre for International Governance and Justice, in the Regulatory Institutions Network at The Australian: National University. He has worked extensively for the United Nations, serving in New York, Liberia and Cyprus. He is the author of United Nations Sanctions and the Rule of Law (Cambridge, 2007) and co-editor of The Role of International Law in Rebuilding Societies after Conflict (Cambridge, 2009). Kim Rubenstein is Professor and Director of the Centre for International and Public Law (CIPL) in the ANU College of Law, The Australian National University. Her research encompasses many projects in constitutional, administrative and citizenship law. Her previous publications include Australian Citizenship Law in Context (2002).

Table of Contents

Contributorsp. x
Series editors' prefacep. xvii
Editors' prefacep. xix
Introduction: Filling or falling between the cracks? Law's potentialp. 1
Setting down the foundationsp. 25
Whose public? Which law? Mapping the internal/external distinction in international lawp. 27
The potential for a post-Westphalian convergence of 'public law' and 'public international law'p. 53
Internationalising public lawp. 73
Globalisation and public law: A global administrative law?p. 75
The deliberative deficit: Transparency, access to information and UN sanctionsp. 92
Who guards the guardian? Towards regulation of the UN Security-Council's Chapter VII powers through dialoguep. 123
Holding the United Nations Security Council accountable for human rights violations through domestic and regional courts: A case of 'be careful what you wish for'?p. 143
Implementing Security Council sanctionsp. 169
'A delicate business': Did AWB's kickbacks to Iraq under the United Nations Oil-For-Food Programme constitute a violation of Australia's international obligations?p. 171
Should the United Nations Security Council leave it to the experts? The governance and accountability of UN sanctions monitoringp. 191
The place of corporationsp. 215
The nexus between human rights and business: Defining the sphere of corporate responsibilityp. 217
At the intersection of international and municipal law: The case of Commissioner Cole and the Wheat Export Authorityp. 239
The role of lawyersp. 261
International legal advisers and transnational corporations: Untangling roles and responsibilities for sanctions compliancep. 263
What is the right thing to do? Reflections on the AWB scandal and legal ethicsp. 289
Public law and public policyp. 311
Who's responsible? Justiciability of private and political decisionsp. 313
AWB and oil for food: Some issues of accountabilityp. 334
Parallel case studiesp. 353
Discriminating for world peacep. 355
Removing barriers to protection at the exported border: Visas, carrier sanctions and international obligationp. 378
Concluding remarksp. 407
Bibliographyp. 418
Indexp. 439
Table of Contents provided by Ingram. All Rights Reserved.

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