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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter explores the nature of military law and IHL during the cold war period. It explores what treaties were completed, Additional Protocols I and II of the 1949 Geneva…

Abstract

This chapter explores the nature of military law and IHL during the cold war period. It explores what treaties were completed, Additional Protocols I and II of the 1949 Geneva Conventions, the ad hoc international tribunals of the 1990s and 2000s, and examines the ICJ’s ruling of the legality of nuclear weapons.

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A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the…

Abstract

This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the United Nations, the Four Geneva Conventions of 1949, and the Genocide Convention of 1948.

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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Article
Publication date: 28 August 2024

Sai Ramani Garimella and Soumya Rajsingh

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic…

Abstract

Purpose

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.

Design/methodology/approach

This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.

Findings

The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.

Practical Implications

This research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments.

Originality/Value

To the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.

Details

Journal of International Trade Law and Policy, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1477-0024

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Content available
Book part
Publication date: 27 September 2024

Christopher W. Mullins

Abstract

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter summarizes both volumes of A Socio-legal History of the Laws of War. It reexamines the key themes and how they are interconnected. It closes with a consideration of…

Abstract

This chapter summarizes both volumes of A Socio-legal History of the Laws of War. It reexamines the key themes and how they are interconnected. It closes with a consideration of the value of international law, especially the laws of war, and what may lie ahead.

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

Keywords

Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines how the nature of World War I catalyzed significant changes in the laws of war, the Treaty of Versailles, the failed Leipzig Trials, and the multiple…

Abstract

This chapter examines how the nature of World War I catalyzed significant changes in the laws of war, the Treaty of Versailles, the failed Leipzig Trials, and the multiple treaties enacted in the 1920s, with particular focus on the Geneva Convention of 1929.

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

Keywords

Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the…

Abstract

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the Geneva Conventions for the sick and wounded. This body of treaties is the foundation of IHL and the modern laws of war. Most of central issues in the international laws of war emerge in this period.

Book part
Publication date: 4 October 2024

José María Rosales

Regulated differently in modern constitutions, emergency rule is a case of awkward, and dilemmatic, legal fine-tuning of an ambivalent political move that leads the executive of a…

Abstract

Regulated differently in modern constitutions, emergency rule is a case of awkward, and dilemmatic, legal fine-tuning of an ambivalent political move that leads the executive of a democratic regime to the verge of the constitutional system. For that reason, as an utmost situation, emergency rule becomes a testing field for the resilience of the constitutional order. It affects its own foundations, the basic rights, and thus the constitutional capability to make possible their fulfilment. It also serves to appraise the workings of democratic regimes and, accordingly, the type of legitimacy derived from their institutional performance. Furthermore, it provides a vantage point to watch the reactions of both their representatives and their publics. Focussed on the COVID-19 pandemic, this chapter compares the cases of Germany and Spain through their legal regulations of emergency rule and their governments’ responses. Having rather analogous emergency legislations, from 2020 through 2022, there have been significant differences in their decision-making patterns.

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Reconceptualizing State of Exception: European Lessons from the Pandemic
Type: Book
ISBN: 978-1-83608-199-9

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Content available
Book part
Publication date: 7 October 2024

Robert McLean, Chris Holligan and Michael Pugh

Abstract

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The Contemporary History of Drug-Based Organised Crime in Scotland
Type: Book
ISBN: 978-1-83549-652-7

Content available
Book part
Publication date: 27 September 2024

Christopher W. Mullins

Abstract

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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