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L’ouvrage présente et analyse tous les phénomènes d’internationalisation qui affectent le droit et la pratique des contrats publics.
Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
In A Community of Europeans?, a thoughtful observer of the ongoing project of European integration evaluates the state of the art about European identity and European public spheres. Thomas Risse argues that integration has had profound and long-term effects on the citizens of EU countries, most of whom now have at least a secondary "European identity" to complement their national identities. Risse also claims that we can see the gradual emergence of transnational European communities of communication. Exploring the outlines of this European identity and of the communicative spaces, Risse sheds light on some pressing questions: What do "Europe" and "the EU" mean in the various public debates? How do European identities and transnational public spheres affect policymaking in the EU? And how do they matter in discussions about enlargement, particularly Turkish accession to the EU? What will be the consequences of the growing contestation and politicization of European affairs for European democracy? This focus on identity allows Risse to address the "democratic deficit" of the EU, the disparity between the level of decision making over increasingly relevant issues for peoples' lives (at the EU) and the level where politics plays itself out—in the member states. He argues that the EU's democratic deficit can only be tackled through politicization and that "debating Europe" might prove the only way to defend modern and cosmopolitan Europe against the increasingly forceful voices of Euroskepticism.
Diane Stone addresses the network alliances or partnerships of international organisations with knowledge organisations and networks. Moving beyond more common studies of industrial public-private partnerships, she addresses how, and why, international organisations and global policy actors need to incorporate ideas, expertise and scientific opinion into their 'global programmes'. Rather than assuming that the encouragement for 'evidence-informed policy' in global and regional institutions of governance is an indisputable public good, she queries the influence of expert actors in the growing number of part-private or semi-public policy networks.
No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
This book provides a comprehensive overview of the law surrounding PPPs in the Middle East and North African region. The significance of liberalised and integrated Public Private Partnership Contracts as an essential component of the world legal and policy order is well documented. The regulation of PPPs is justified economically to allow for competition in the relevant public service and to achieve price transparency, thus resulting in significant savings for the public sector. In parallel to the economic justifications, legal imperatives have also called for the regulation of PPPs in order to allow free movement of goods and services and to prohibit discrimination on grounds of nationality. The need for competitiveness and transparency in delivering public services through PPPs is considered a safeguard to achieve international standards in delivering public utility services. First, it assesses the compatibility of the current PPPs legislation and regulation in the MENA region with the international standards of legislation and regulation prevalent in many other countries, including the UK, France and Brazil. Secondly, it compares the practices in the MENA region with those of international bodies such as the OECD and World Bank. Comparisons are then made between the MENA countries and those in Europe and Asia with regard to the influence of culture, policy and legal globalization. The book will be of interest to scholars and students in the field of international contract law, public law and state contracts, finance law and private law.
Since the UN's creation in 1945 a vast nexus of global and regional institutions has evolved, surrounded by a proliferation of non-governmental agencies and advocacy networks seeking to influence the agenda and direction of international public policy. Although world government remains a fanciful idea, there does exist an evolving global governance complex - embracing states, international institutions, transnational networks and agencies (both public and private) - which functions, with variable effect, to promote, regulate or intervene in the common affairs of humanity. This book provides an accessible introduction to the current debate about the changing form and political significance of global governance. It brings together original contributions from many of the best-known theorists and analysts of global politics to explore the relevance of the concept of global governance to understanding how global activity is currently regulated. Furthermore, it combines an elucidation of substantive theories with a systematic analysis of the politics and limits of governance in key issue areas - from humanitarian intervention to the regulation of global finance. Thus, the volume provides a comprehensive theoretical and empirical assessment of the shift from national government to multilayered global governance. Governing Globalization is the third book in the internationally acclaimed series on global transformations. The other two volumes are Global Transformations: Politics, Economics and Culture and The Global Transformations Reader: An Introduction to the Globalization Debate.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.