OXFORD MONOGRAPHS IN INTERNATIONAL LAW General Editors: VAUGHAN LOWE, QC Essex Court Chambers, London and Emeritus Fellow of All Souls College, Oxford PROFESSOR DAN SAROOSHI Professor of Public International Law at the University of ...
Author: Claus D. Zimmermann
Publisher: OUP Oxford
Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As a consequence of globalization and increasing financial integration and a worldwide trend towards the creation of economic and monetary unions, the principle of monetary sovereignty has undergone significant change. This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community. The book examines the historic origins and evolution of the concept of monetary sovereignty, putting it into the context of broader concepts of sovereignty. It argues that monetary sovereignty remains relevant as a dynamic legal concept with both positive and normative components. It investigates the continuing hybridization of international monetary law resulting from changes to its formal and material sources. It then examines the complex phenomenon of exchange rate misalignment under international monetary and trade law, and the increasing regionalization of monetary sovereignty, notably in light of the European sovereign debt crisis. Finally, it assesses the role the concept of monetary sovereignty can play in the reorganization of international finance following the recent global financial crisis.
Author: Teoman M. Hagemeyer-WitzlebPublish On: 2021
Oxford University Press, Oxford, pp 871–938 Zimmermann CD (2013) A contemporary concept of monetary sovereignty. Oxford monographs in international law. Oxford University Press, Oxford, United Kingdom Zoller E (1984) Peacetime ...
Author: Teoman M. Hagemeyer-Witzleb
Publisher: Springer Nature
Category: Competition, International
Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies--reflecting the three main branches of international economic law: trade, investment and currency--to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether--analogously to the prohibition of the threat or use of force--these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.
OXFORD MONOGRAPHS IN INTERNATIONAL LAW The aim of this series is to publish important and original pieces of ... Azaria Corporate Obligations under International Law Markos Karavias A Contemporary Concept of Monetary Sovereignty Claus D ...
Author: Miles Jackson
Publisher: OUP Oxford
This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
OXFORD. MONOGRAPHS. IN. INTERNATIONAL. LAW. The aim of this series is to publish important and original pieces of ... of international law. recent titles in the series A Contemporary Concept of Monetary Sovereignty Claus D. Zimmermann ...
Author: Markos Karavias
Publisher: OUP Oxford
This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.
OXFORD. MONOGRAPHS. IN. INTERNATIONAL. LAW. The aim of this series is to publish important and original pieces of ... International Law Markos Karavias A Contemporary Concept of Monetary Sovereignty Claus D. Zimmermann Formalism and the ...
Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
OXFORD. MONOGRAPHS. IN. INTERNATIONAL. LAW. The aim of this series is to publish important and original pieces of research ... Corporate Obligations under International Law Markos Karavias A Contemporary Concept of Monetary Sovereignty ...
Author: Gilles Giacca
Publisher: OUP Oxford
This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.
130.00 INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL ORGANIZATIONS AND THEIR EXERCISE OF THEIR EXERCISE OF SOVEREIGN POWERS SOVEREIGN POWERS Dan Sarooshi , Professor of Public International Law , Oxford University Preface by Rosalyn ...
An Introduction to Contemporary International Law : A Policy - Oriented Perspective . LC 88-28318 . ... ( Oxford Monographs in International Law ) . 430p . ... BNA Bks . De Lupis , Ingrid D. The Concept of International Law . 148p .
chRiStine deSan is the Leo Gottlieb Professor of Law at Harvard Law School. She teaches about the international monetary system, the constitutional law of money, constitutional history, political economy, and legal theory.
Author: Nina Bandelj
Publisher: Princeton University Press
Category: Business & Economics
The world of money is being transformed as households and organizations face changing economies, and new currencies and payment systems like Bitcoin and Apple Pay gain ground. What is money, and how do we make sense of it? Money Talks is the first book to offer a wide range of alternative and unexpected explanations of how social relations, emotions, moral concerns, and institutions shape how we create, mark, and use money. This collection brings together a stellar group of international experts from multiple disciplines—sociology, economics, history, law, anthropology, political science, and philosophy—to propose fresh explanations for money's origins, uses, effects, and future. Money Talks explores five key questions: How do social relationships, emotions, and morals shape how people account for and use their money? How do corporations infuse social meaning into their financing and investment practices? What are the historical, political, and social foundations of currencies? When does money become contested, and are there things money shouldn't buy? What is the impact of the new twenty-first-century currencies on our social relations? At a time of growing concern over financial inequality, Money Talks overturns conventional views about money by revealing its profound social potential.