Hugh Breakey

Charles Sampford

Once a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years – when the students entering law schools today reach the peak of their profession – as it has over the last 300. This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law. The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.

Building an Ethical Profession in a Globalizing World

Law, Lawyering and Legal Education

Rowena Maguire

Tim Cadman

This volume, the second in a series of three, examines the institutional architecture underpinning the global climate integrity system. This system comprises an inter-related set of institutions, governance arrangements, regulations, norms and practices that aim to implement the United Nations Framework Convention on Climate Change (UNFCCC). Arguing that governance is a neutral term to describe the structures and processes that coordinate climate action, the book presents a continuum of governance values from ‘thick’ to ‘thin’ to determine the regime’s legitimacy and integrity. The collection contains four parts with part one exploring the links between governance and integrity, part two containing chapters which evaluate climate governance arrangements, part three exploring avenues for improving climate governance and part four reflecting on the road to the UNFCCC's Paris Agreement. The book provides new insights into understanding how systemic institutional and governance failures have occurred, how they could occur again in the same or different form and how these failures impact on the integrity of the UNFCCC. This work extends contemporary governance scholarship to explore the extent to which selected institutional case studies, thematic areas and policy approaches contribute to the overall integrity of the regime.

Institutional Integrity and Integrity Systems

Governing the Climate Change Regime

Spencer Zifcak

General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

Rethinking International Law and Justice

Tim Smith

Ken Coghill

This book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia's most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems that may extend over multiple electoral cycles.

Fiduciary Duty and the Atmospheric Trust

Ramesh Thakur

The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.

Charles Sampford

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