Sanctions, Accountability and Governance in a Globalised World

by Edited by Jeremy Farrall , Kim Rubenstein

• ISBN13: 9780521114929
• ISBN10: 0521114926
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-12-14
• Publisher: Cambridge University Press

Summary

This book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field.

Author Biography

Jeremy Farrall is Research Fellow at the Centre for International Governance and Justice, in the Regulatory Institutions Network at The Australian: National University. He has worked extensively for the United Nations, serving in New York, Liberia and Cyprus. He is the author of United Nations Sanctions and the Rule of Law (Cambridge, 2007) and co-editor of The Role of International Law in Rebuilding Societies after Conflict (Cambridge, 2009). Kim Rubenstein is Professor and Director of the Centre for International and Public Law (CIPL) in the ANU College of Law, The Australian National University. Her research encompasses many projects in constitutional, administrative and citizenship law. Her previous publications include Australian Citizenship Law in Context (2002).

Table of Contents

Contributors	p. x
Series editors' preface	p. xvii
Editors' preface	p. xix
Introduction: Filling or falling between the cracks? Law's potential	p. 1
Setting down the foundations	p. 25
Whose public? Which law? Mapping the internal/external distinction in international law	p. 27
The potential for a post-Westphalian convergence of 'public law' and 'public international law'	p. 53
Internationalising public law	p. 73
Globalisation and public law: A global administrative law?	p. 75
The deliberative deficit: Transparency, access to information and UN sanctions	p. 92
Who guards the guardian? Towards regulation of the UN Security-Council's Chapter VII powers through dialogue	p. 123
Holding the United Nations Security Council accountable for human rights violations through domestic and regional courts: A case of 'be careful what you wish for'?	p. 143
Implementing Security Council sanctions	p. 169
'A delicate business': Did AWB's kickbacks to Iraq under the United Nations Oil-For-Food Programme constitute a violation of Australia's international obligations?	p. 171
Should the United Nations Security Council leave it to the experts? The governance and accountability of UN sanctions monitoring	p. 191
The place of corporations	p. 215
The nexus between human rights and business: Defining the sphere of corporate responsibility	p. 217
At the intersection of international and municipal law: The case of Commissioner Cole and the Wheat Export Authority	p. 239
The role of lawyers	p. 261
International legal advisers and transnational corporations: Untangling roles and responsibilities for sanctions compliance	p. 263
What is the right thing to do? Reflections on the AWB scandal and legal ethics	p. 289
Public law and public policy	p. 311
Who's responsible? Justiciability of private and political decisions	p. 313
AWB and oil for food: Some issues of accountability	p. 334
Parallel case studies	p. 353
Discriminating for world peace	p. 355
Removing barriers to protection at the exported border: Visas, carrier sanctions and international obligation	p. 378
Concluding remarks	p. 407
Bibliography	p. 418
Index	p. 439
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