International Law in the New Age of Globalization

Abstract

Preface: Nisuke Ando (Professor Emeritus, Kyoto University Director, Kyoto Human Rights Research Institute) Acknowledgements Editors' Introduction: Andrew Byrnes, Mika Hayashi, Christopher Michaelsen PART 1: ADAPTING CLASSICAL INTERNATIONAL LEGAL TOOLS TO REGULATE AND ADJUDICATE COMMUNITY INTERESTS AND CONFLICTS IN THE ERA OF GLOBALIZATION CHAPTER 1 Christopher Michaelsen (The University of New South Wales) The Competence of the Security Council under the UN Charter to Adopt Sanctions Targeting Private Individuals CHAPTER 2 Anna Spain (University of Colorado) International Dispute Resolution in an Era of Globalization CHAPTER 3 Yoshiyuki Lee-Iwamoto (Okayama University) The ICJ as a Guardian of Community Interests? Legal Limitations On the Use of Provisional Measures CHAPTER 4 Mika Hayashi (Kobe University) Clearance of Remnants of War and Its Assistance as Collective Responsibility: The Case of the Ottawa Convention (Mine Ban Convention) PART 2: COORDINATING DIALOGUES AND GOVERNANCE STRATEGIES WITHIN AND BETWEEN INTERNATIONAL LEGAL SYSTEMS AND INSTITUTIONS CHAPTER 5 Philippa Webb (King's College London) The Use of Force and the Emerging International Judicial System CHAPTER 6 Sarah McCosker (Australian Attorney-General's Department) The 'Interoperability' of International Humanitarian Law and Human Rights Law: Evaluating the Legal Tools Available to Negotiate their Relationship CHAPTER 7 Ljiljana Biukovic (University of British Columbia) Regional Streamlining of International Trade and International Human Rights Norms CHAPTER 8 Karen Scott (University of Canterbury) Managing Fragmentation Through Governance: International Environmental Law in a Globalized World PART 3: GLOBALIZATION AND THE DIVERSIFICATION OF ACTORS CHAPTER 9 Robin Hansen (University of Saskatchewan) The Public Policy Dimensions of MNE Legal Personality: Is It Time to Unveil the Masters of Globalization? CHAPTER 10 Dwight Newman (University of Saskatchewan) Norms of Consultation with Indigenous Peoples: Decentralization of International Law Formation or Reinforcement of States' Roles? CHAPTER 11 Anastasia Telesetsky (University of Idaho) Co-Regulation and the Role of Transnational Corporations as Subjects in Implementing International Environmental Law CHAPTER 12 Michael J Kelly (Creighton University) The Parameters of Vicarious Corporate Criminal Liability for Genocide under International Law CHAPTER 13 Yoshihisa Hayakawa (Rikkyo University) Business Corporations as Non-State Actors in International Law: A Brand-New International Law-Making Process through Investment Treaty Arbitration PART 4: THE EXPOSURE OF STATE SOVEREIGNTY TO PRIVATE ACTORS AND THE NEED TO PRESERVE THE REGULATORY POWERS OF STATES CHAPTER 14 Tomonori Mizushima (Nagoya University) The Significance of the Recent Enactment of Japan's Sovereign Immunity Act in the New Age of Globalization CHAPTER 15 Charles-Emmanuel Cote (Laval University) Looking for Legitimate Claims: Scope of NAFTA Chapter 11 and Limitation of Responsibility of Host State CONCLUSION Andrew Byrnes, Mika Hayashi, Christopher Michaelsen Index.