Sanctions, Accountability and Governance in a Globalised World

First in a series examining connections between international and public law, discussing sanction implementation within the confines of domestic law.

Jeremy Farrall (Edited by), Kim Rubenstein (Edited by)

9780521114929, Cambridge University Press

Hardback, published 5 November 2009

506 pages
23.5 x 16.8 x 3.8 cm, 0.92 kg

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.

Introduction: filling or falling between the cracks? Law's potential Jeremy Farrall and Kim Rubenstein
Part I. Setting Down the Foundations: 1. Whose public? Which law? Mapping the internal/external distinction in international law Peter G. Danchin
2. The potential for a post-Westphalian convergence of 'Public Law' and 'Public International Law' Charles Sampford
Part II. Internationalising Public Law: 3. Globalisation and public law: a global administrative law? Simon Chesterman
4. The deliberative deficit: transparency, access to information and UN sanctions Devika Hovell
5. Who guards the guardian? Towards regulation of the UN security council's chapter VII powers through dialogue Hitoshi Nasu
6. 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'? Erika de Wet
Part III. Implementing Security Council Sanctions: 7. '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? Kevin Boreham
8. Should the United Nations security council leave it to the experts? The governance and accountability of UN sanctions monitoring Jeremy Farrall
Part IV. The Place of Corporations: 9. The nexus between human rights and business: defining the sphere of corporate responsibility Justine Nolan
10. At the intersection of international and municipal law: the case of Commissioner Cole and the Wheat Export Authority Linda Botterill and Anne McNaughton
Part V. The Role of Lawyers: 11. International legal advisers and transnational corporations: untangling roles and responsibilities for sanctions compliance Stephen Tully
12. What is the right thing to do? Reflections on the AWB scandal and legal ethics Vivien Holmes
Part VI. Public Law and Public Policy: 13. Who's responsible? Justiciability of private and political decisions Daniel Stewart
14. AWB and oil for food: some issues of accountability Richard Mulgan
Part VII. Parallel Case Studies: 15. Discriminating for world peace Simon Rice
16. Removing barriers to protection at the exported border: visas, carrier sanctions, and international obligation Angus Francis
Concluding remarks Thomas Pogge.

Subject Areas: Constitutional & administrative law [LND], Public international law [LBB]