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Financial Governance, Money Laundering and the International Law’s New Clothes

100%
Menkes M.
Journal of Management and Financial Sciences
|
2016
|
vol. 25(3)
23-42
EN
Ever-closer ties between states have gradually transformed the international legal environment. It is high time that two principle governance methods of regulatory coordination, already widely practiced, are acknowledged and included in the fibre of public international law. This paper scrutinises the timing, mechanisms and the possible range, given legitimacy concerns, of such a change. The author argues that the tangible nature of economic activity renders international economic law as the natural avant-garde for a larger overhaul of the regulatory system. European anti-money laundering efforts are used as an example of this wave of governance, which has been left unnoticed by traditional international law analysis. Denying reality does not make it less real.
2
Content available remote

Governance of Direct International Investment and Capital Flows

100%
Menkes M.
Journal of Management and Financial Sciences
|
2015
|
vol. 22(4)
69-78
EN
The current legal uncertainty in the area of Foreign Direct Investment is harmful to investors as well as the countries hoping to acquire foreign capital. The growing tension concerning contradictory interests of different states will result in another change in the approach to the international investment law. In order to make the most of the chance arising on this occasion, it is necessary to understand the historical context and current situation normative background, which goes beyond the legal framework. The present study aimed at the synthetic analysis of the legal situation at this critical moment.
3

INTERNATIONAL ORGANISATIONS, CLIMATE CHANGE EXPACTATIONS AND THE REALITY OF INSTITUTIONALIZATION - AN ANALYSIS OF THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC)

63%
Jerzy M., Marcin M.
Polish Yearbook of International Law
|
2009
|
vol. 29
116-137
EN
Environmental protection constitutes arguably the most important field in international law, where common cause requires adjustment of the international cooperation paradigm based upon the sovereign equality of states. Corrective measures and differentiation of treatment are required, as substantial inequalities between states would otherwise hinder effective cooperation. But any provisions aimed at reintroducing equilibrium between parties to a Convention need to be very carefully drafted, so that environmental protection provisions are not overshadowed by political claims. The United Nations Framework Convention on Climate Change (UNFCCC), the normative ground for international cooperation in climate protection, risks breaking that balance, with the disproportionate economic claims of developing countries putting common environmental goals in peril
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