Procedural Rules for the Implementation of the OECD Guidelines for Multinational Enterprises — a Public International Law Perspective

2012 ◽  
Vol 13 (1) ◽  
pp. 51-85 ◽  
Author(s):  
Christian Schliemann
Keyword(s):  
International Law ◽  
Global Governance ◽  
Multinational Enterprises ◽  
Political Authority ◽  
Global Level ◽  
Public International Law ◽  
International Norm ◽  
Corporate Behavior ◽  
Transnational Actors ◽  
Scholarly Attention

Since the 1990s it is possible to witness, in the multiplication of inter- and transnational actors, an increasing diversity in international norm-making processes as well as a growing variation in enforcing these norms, generically labeled under the term “global governance.” The actions of these private, hybrid or intergovernmental actors on the global level are increasingly seen as equivalent to the exercise of political authority formerly reserved for the state. As in the domestic context, the exercise of such authority raises questions about the procedural guarantees that anyone affected by this action should enjoy. The Organization for Economic Cooperation and Development (OECD) has evaded intensive scholarly attention from the global governance perspective thus far, although by now it is evident that it strongly contributes to this phenomenon through its various activities. The OECD Guidelines for Multinational Enterprises (Guidelines) are but one area in which the OECD is said to assume global governance functions by strongly influencing corporate behavior.

Global Justice, Global Governance, and International Law

2019 ◽  
pp. 364-370
Author(s):  
Maurice Kamto
Keyword(s):  
Decision Making ◽  
International Law ◽  
Global Governance ◽  
Policy Making ◽  
Global Justice ◽  
Responsibility To Protect ◽  
International Level ◽  
Global Level ◽  
New Era ◽  
Conflicting Interests

The chapter comments on Eyal Benvenisti’s discussion of international law’s contribution to global justice. It puts forward that global justice at the international level can only be the result of a permanent bargain and a compromise between the multiple and conflicting interests among states. It emphasizes that better governance at the global level involving the sharing of the policy-making and decision-making, accountability, the rule of law, and sanctions can help improve global justice. It concludes by suggesting that if international law could contribute to the advent of global justice in a move from ‘Responsibility to protect’ to ‘Responsibility to develop’, it would open a new era for its rise amongst nations and peoples.

Fuzzy Statehood: An International Legal Perspective on Kosovo's Declaration of Independence

2009 ◽  
Vol 34 (4) ◽  
pp. 361-402 ◽  
Author(s):  
Bernhard Knoll
Keyword(s):  
International Law ◽  
Main Body ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Public International Law ◽  
International Norm ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Legal Perspective

AbstractThis contribution subjects Kosovo's declaration of independence of 2008 to a comprehensive and detailed analysis from the perspective of international law. It begins with a reflection on Kosovo's status process as it unfolded in 2006 and discusses some of the challenges that Serbia faced when it proposed that Kosovo be vested with “more than autonomy, less than independence”. The main body of the article speculates on some of the implications that Kosovo's independence may have in public international law, especially with a view to the forthcoming International Court of Justice (ICJ) advisory opinion on the matter. It concludes that the resolution of Kosovo's status has to be seen in the context of a decreasing reliance on the international norm that has hitherto protected the territorial integrity of states.

Life Protective or Carcinogenic Challenge? Global Forests Governance under Advanced Capitalism

2003 ◽  
Vol 3 (2) ◽  
pp. 40-55 ◽  
Author(s):  
David Humphreys
Keyword(s):  
International Law ◽  
Global Governance ◽  
Forest Degradation ◽  
Global Capitalism ◽  
Forest Governance ◽  
Healthy Life ◽  
Public International Law ◽  
Advanced Capitalism ◽  
Forest Use ◽  
Global Forest Governance

John McMurtry and David Korten argue that by systemically depleting its social and environmental hosts, global capitalism has reached a carcinogenic stage. While there are life-protective forces in global governance, many are rendered ineffective by the routine functioning of global capitalism. The article applies this analysis to forests at two levels: the global forests regime (that is, public international law that seeks to govern forest use); and the broader structures and processes of global governance that affect forest use. The set of interactions between the two constitutes global forest governance. It is argued that in global forest governance carcinogenic life degrading forces prevail over healthy life conservation forces. The result is worldwide forest degradation. In this respect global forest governance represents a pathogenic invasion of the world's forests.

International Law, Informal Law-Making, and Global Governance in Times of Anti-Globalism and Populism

2019 ◽  
pp. 242-264
Author(s):  
Jan Wouters
Keyword(s):  
International Law ◽  
Global Governance ◽  
First Century ◽  
Public International Law ◽  
Customary International Law ◽  
Twenty First Century ◽  
The Impact ◽  
Law Making

The chapter focuses on the impact of globalization on public international law in times of anti-globalism and populism, where globalization itself has increasingly become contested. It submits that traditional public international law has been dangerously unreceptive in capturing new transnational regulatory actors and normative dynamics, which makes it more vulnerable to anti-globalist and populist attacks. It looks into the corresponding rise and certain features of ‘informal international law-making’ and ‘global governance’, as they may offer some responses to, or at least some defences against, anti-globalist and populist politics. It also addresses the current challenges which traditional forms of international law-making, like treaties and customary international law, are currently going through. It concludes that public international law will have to adapt to both the challenges of globalization and anti-globalism, if it is to remain relevant in regulating international life in the twenty-first century.

scholarly journals Defining the Rights of Sovereignty

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 322-327
Author(s):  
Daniel Lee
Keyword(s):  
Early Modern ◽  
International Law ◽  
Global Governance ◽  
Legal History ◽  
International Institutions ◽  
State Sovereignty ◽  
Public International Law ◽  
Jean Bodin ◽  
Growing Body ◽  
Private Actors

In the recent theoretical scholarship on sovereignty, it has become commonplace to encounter the numerous ways in which state sovereignty has been quietly “outsourced” and “pooled” with other agents and institutions, especially international institutions aimed at promoting global governance and commerce. Frédéric Mégret's fascinating article, which contributes to this growing body of scholarship, adds an important twist to this literature, by focusing specifically on the privatization of state sovereignty—that is, how various sovereign functions, once thought to be essential or “inherent” to statehood, have now been outsourced and handed over to private actors. While Mégret's analysis concerns the consequences of privatized sovereignty on modern public international law, there is a rich pre-modern legal history anticipating the conceptual and normative problems explored in this piece. This essay focuses on some of those early modern sources, especially the theory of Jean Bodin (c.1530–1596), which bear a striking resemblance to Mégret's analysis. Like Mégret, Bodin, the preeminent theorist of state sovereignty, approached the concept of sovereignty by focusing on those qualities that were regarded to be exclusive.

Mechanisms of Global Governance: Economic Analysis

2013 ◽  
pp. 4-28 ◽  
Author(s):  
L. Grigoryev ◽  
A. Kurdin
Keyword(s):  
Property Rights ◽  
Economic Analysis ◽  
Global Governance ◽  
International Organizations ◽  
Economic Activity ◽  
Global Level ◽  
Narrow Sense ◽  
Key Characteristics ◽  
Global Problems

The coordination of economic activity at the global level is carried out through different mechanisms, which regulate activities of companies, states, international organizations. In spite of wide diversity of entrenched mechanisms of governance in different areas, they can be classified on the basis of key characteristics, including distribution of property rights, mechanisms of governance (in the narrow sense according to O. Williamson), mechanisms of expansion. This approach can contribute not only to classifying existing institutions but also to designing new ones. The modern aggravation of global problems may require rethinking mechanisms of global governance. The authors offer the universal framework for considering this problem and its possible solutions.

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