Order and Disorder in the 21st Century: Order and Disorder in the 21st Century (Law, Ethics and Governance)

Leon Wolff

Ireland-Piper, Danielle

Foreign & International Law

Routledge

<p>With a diverse group of contributors from law, business and the social sciences, this book explores the line not only between order and disorder in global affairs, but also chaos and control, continuity and change, the core and the margins. The key themes include: global crises and the role of international law, norms and institutions; the challenge of pluralism to regulatory clarity; and critical assessments of taken-for-granted systems and values such as capitalism, centralised government, de-militarisation and the separation of powers. The book divides into two key parts. The first part, `Conceptions’, considers the diverse way in which order/disorder can be conceived in global governance and regulation. The second part, `Case Studies’, groups chapters around five topic areas: citizens, capitalism, conflict, crime and courts. The authors here build on the themes presented in the first part by embedding them within specific areas of international regulation, such as international criminal law, maritime law or finance regulation; jurisdictions and regions, such as Australia, Canada, China, Japan and South Asia; and subject-matter, such as water resources, citizenship, statelessness and public interest litigation. This blend of contemporary subject-matter, empirical studies, multi-disciplinary perspectives and academic theories provides a comprehensive analysis to current and emerging debates in the broader global community. In utilizing interdisciplinary studies to draw out common issues and alternative solutions, the book will appeal to a wide readership among academics and policy-makers.</p>

Wolff, Leon

Reference

Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the 'abuse of rights' doctrine. Utilizing a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.

Accountability in Extraterritoriality: A Comparative and International Law Perspective

Edward Elgar Publishing

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