1st Edition

Order and Disorder in the 21st Century

By Danielle Ireland-Piper, Leon Wolff Copyright 2018
    296 Pages
    by Routledge

    296 Pages
    by Routledge

    With a diverse group of contributors from law, business and the social sciences, this book explores the line not only between order and disorder in global affairs, but also chaos and control, continuity and change, the core and the margins. The key themes include: global crises and the role of international law, norms and institutions; the challenge of pluralism to regulatory clarity; and critical assessments of taken-for-granted systems and values such as capitalism, centralised government, de-militarisation and the separation of powers. The book divides into two key parts. The first part, `Conceptions’, considers the diverse way in which order/disorder can be conceived in global governance and regulation. The second part, `Case Studies’, groups chapters around five topic areas: citizens, capitalism, conflict, crime and courts. The authors here build on the themes presented in the first part by embedding them within specific areas of international regulation, such as international criminal law, maritime law or finance regulation; jurisdictions and regions, such as Australia, Canada, China, Japan and South Asia; and subject-matter, such as water resources, citizenship, statelessness and public interest litigation. This blend of contemporary subject-matter, empirical studies, multi-disciplinary perspectives and academic theories provides a comprehensive analysis to current and emerging debates in the broader global community. In utilizing interdisciplinary studies to draw out common issues and alternative solutions, the book will appeal to a wide readership among academics and policy-makers.



     

    Contents





    Figures and tables



    List of contributors



    Preface



    Acknowledgements





     







    1. Introduction: Global Order/Disorder




    2. Leon Wolff and Danielle Ireland-Piper





      PART I: CONCEPTIONS







    3. International Law and Governance in the 21st Century: Disorder and Order in a Fragmented World




    4. Anthony Cassimatis







    5. Law’s Movement




    6. Jonathan Crowe







    7. How Anarchy Can Rule the World




    8. Susan Bird







    9. Assessing Key Trends in Global Disorder – Can ‘the Centre’ Hold in the 21st Century?




    10. Malcolm Davis





       



      PART II: CASE STUDIES





      Citizens





    11. Nationality and Extraterritoriality: A Disordered Paradigm?




    12. Danielle Ireland-Piper







    13. Stateless Rohingya in Bangladesh and Refugee Status: Global Order and Disorder under International Law




    14. Sanzhuan Guo and Madhav Gautam





      Capitalism





    15. Caring Capitalism? The Case of Japanese Employment Law




    16. Leon Wolff







    17. Monopolisation, Market Liberalisation and Madness: Comparative Approaches to Water Supply Governance




    18. Victoria Baumfield







    19. Domestic Regulatory Architecture for the Protection of Financial Stability after the GFC: Global Order or Disorder?




    20. Louise Parsons





      Conflict





    21. Governing the Oceans and Dispute Resolution: An Evolving Legal Order?




    22. Douglas Guilfoyle







    23. Foreign Military Aid as Good Governance? — The Case of South Asia




    24. Maziar M. Falarti and Syed Ali Abbas







    25. The Obligation to Respect and Ensure Respect for International Humanitarian Law: A Potential Source of Assistance in Combating Cross-border Challenges in the 21st Century




    26. Eve Massingham







    27. International Criminal Law as a Regulatory Tool




    28. Jodie O’Leary





      Courts





    29. Access to Courts by Public Interest Groups Seeking to Challenge Government Decisions: A Comparative Analysis of Canada and Australia




    30. Narelle Bedford and Lisa Bonin







    31. Military Courts in Pakistan: A Critical Analysis




    Umair Ghori

    Biography

    Danielle Ireland-Piper is Associate Professor, Faculty of Law, Bond University; Co-Convenor of the Transnational, International and Comparative Law and Policy (TICLP) Network. Leon Wolff is Associate Professor, Faculty of Law, Queensland University of Technology and Co-Director, Australian Network for Japanese Law (ANJeL); Co-Convenor of the Transnational, International and Comparative Law and Policy (TICLP) Network.