Constitutionalizing Economic Globalization

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Constitutionalizing Economic Globalization

David Schneiderman
Constitutionalizing Economic Globalization Book PDF

Author : David Schneiderman
Publisher : Cambridge University Press
Page : 60 pages
File Size : 46,5 Mb
Release : 2008-03-27
Category : Law
ISBN : 9781139470094

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Constitutionalizing Economic Globalization by David Schneiderman Pdf

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

Constitutionalizing Economic Globalization

David Schneiderman
Constitutionalizing Economic Globalization Book PDF

Author : David Schneiderman
Publisher : Cambridge University Press
Page : 340 pages
File Size : 40,5 Mb
Release : 2008-03-27
Category : Law
ISBN : 0521871476

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Constitutionalizing Economic Globalization by David Schneiderman Pdf

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions - between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

Multinationals and the Constitutionalization of the World Power System

Jean-Philippe Robe,Antoine Lyon-Caen,Stéphane Vernac
Multinationals and the Constitutionalization of the World Power System Book PDF

Author : Jean-Philippe Robe,Antoine Lyon-Caen,Stéphane Vernac
Publisher : Routledge
Page : 367 pages
File Size : 44,8 Mb
Release : 2016-06-03
Category : Law
ISBN : 9781317093336

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Multinationals and the Constitutionalization of the World Power System by Jean-Philippe Robe,Antoine Lyon-Caen,Stéphane Vernac Pdf

This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.

Constitutionalizing Globalization

Daniel Judah Elazar
Constitutionalizing Globalization Book PDF

Author : Daniel Judah Elazar
Publisher : Rowman & Littlefield
Page : 268 pages
File Size : 53,8 Mb
Release : 1998
Category : Law
ISBN : 0847687880

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Constitutionalizing Globalization by Daniel Judah Elazar Pdf

The gradual development of appropriate constitutional mechanisms and controls is part of a general shift from modern statism to postmodern federalism. Reliance on the sovereignty of the nation-state, which marked the era from the Treaty of Westphalia in 1648 to the end of World War II, gave way to the beginning of a world order that links states in various ways through enforceable constitutional bonds. These trends have been recognized by students both of federalism and of international relations. Constitutionalizing Globalization is the first book to join the perspectives of both in order to explain the new paradigm.

Resisting Economic Globalization

D. Schneiderman
Resisting Economic Globalization Book PDF

Author : D. Schneiderman
Publisher : Springer
Page : 218 pages
File Size : 44,5 Mb
Release : 2013-05-15
Category : Law
ISBN : 9781137004062

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Resisting Economic Globalization by D. Schneiderman Pdf

There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behaviour, dissatisfaction has precipitated acts of resistance in various parts of the world. Resisting Economic Globalization explores the magnitude of the legal constraints imposed by these rules and institutions associated with the worldwide spread of neoliberalism. Much contemporary theorizing has given up on national states as a locus for countering the harmful effects of economic globalization. Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines. Structured as a series of encounters with selected critical theorists, the book contrasts theoretical diagnoses with recent episodes of resistance impeding investment law edicts. This novel approach tests contemporary hypotheses offered by leading political and legal theorists about the nature of power and the role of states and social movements in facilitating and undoing neoliberalism's legal edifices. As a consequence, the foundations of transnational legality become more apparent and the mechanisms for change more transparent.

The Globalization of Human Rights

Jean-Marc Coicaud,Michael W. Doyle,Anne-Marie Gardner
The Globalization of Human Rights Book PDF

Author : Jean-Marc Coicaud,Michael W. Doyle,Anne-Marie Gardner
Publisher : Brookings Institution Press
Page : 228 pages
File Size : 43,8 Mb
Release : 2003
Category : Law
ISBN : UCSD:31822033035650

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The Globalization of Human Rights by Jean-Marc Coicaud,Michael W. Doyle,Anne-Marie Gardner Pdf

International efforts to construct a set of standardised human rights guidelines are based upon the identification of agreed key values regarding the relationships between individuals and the institutions governing them, which are viewed as critical to the well-being of humanity and the character of being human. This publication considers these issues of justice at the national, regional, and international levels by analysing civil, political, economic and social rights aspects.

How Constitutions Change

Dawn Oliver,Carlo Fusaro
How Constitutions Change Book PDF

Author : Dawn Oliver,Carlo Fusaro
Publisher : Bloomsbury Publishing
Page : 510 pages
File Size : 44,8 Mb
Release : 2011-08-09
Category : Law
ISBN : 9781847316684

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How Constitutions Change by Dawn Oliver,Carlo Fusaro Pdf

This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

Civil Justice, Privatization, and Democracy

Trevor C.W. Farrow
Civil Justice Privatization and Democracy Book PDF

Author : Trevor C.W. Farrow
Publisher : University of Toronto Press
Page : 400 pages
File Size : 55,8 Mb
Release : 2014-04-30
Category : Law
ISBN : 9781442695030

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Civil Justice, Privatization, and Democracy by Trevor C.W. Farrow Pdf

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Constitutionalizing World Politics

Karolina M. Milewicz
Constitutionalizing World Politics Book PDF

Author : Karolina M. Milewicz
Publisher : Cambridge University Press
Page : 373 pages
File Size : 49,7 Mb
Release : 2020-07-23
Category : Law
ISBN : 9781108835091

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Constitutionalizing World Politics by Karolina M. Milewicz Pdf

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.

Achieving Workers' Rights in the Global Economy

Richard P. Appelbaum,Nelson Lichtenstein
Achieving Workers Rights in the Global Economy Book PDF

Author : Richard P. Appelbaum,Nelson Lichtenstein
Publisher : Cornell University Press
Page : 344 pages
File Size : 42,7 Mb
Release : 2016-06-14
Category : Political Science
ISBN : 9781501703348

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Achieving Workers' Rights in the Global Economy by Richard P. Appelbaum,Nelson Lichtenstein Pdf

The world was shocked in April 2013 when more than 1100 garment workers lost their lives in the collapse of the Rana Plaza factory complex in Dhaka. It was the worst industrial tragedy in the two-hundred-year history of mass apparel manufacture. This so-called accident was, in fact, just waiting to happen, and not merely because of the corruption and exploitation of workers so common in the garment industry. In Achieving Workers' Rights in the Global Economy, Richard P. Appelbaum and Nelson Lichtenstein argue that such tragic events, as well as the low wages, poor working conditions, and voicelessness endemic to the vast majority of workers who labor in the export industries of the global South arise from the very nature of world trade and production. Given their enormous power to squeeze prices and wages, northern brands and retailers today occupy the commanding heights of global capitalism. Retail-dominated supply chains—such as those with Walmart, Apple, and Nike at their heads—generate at least half of all world trade and include hundreds of millions of workers at thousands of contract manufacturers from Shenzhen and Shanghai to Sao Paulo and San Pedro Sula. This book offers an incisive analysis of this pernicious system along with essays that outline a set of practical guides to its radical reform.

International Investment Law and Globalization

Jean-Michel Marcoux
International Investment Law and Globalization Book PDF

Author : Jean-Michel Marcoux
Publisher : Routledge
Page : 260 pages
File Size : 47,8 Mb
Release : 2018-09-03
Category : Law
ISBN : 9780429946998

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International Investment Law and Globalization by Jean-Michel Marcoux Pdf

In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

The Constitutionalization of the Global Corporate Sphere?

Grahame Thompson
The Constitutionalization of the Global Corporate Sphere Book PDF

Author : Grahame Thompson
Publisher : Oxford University Press on Demand
Page : 236 pages
File Size : 47,9 Mb
Release : 2012-10-25
Category : Business & Economics
ISBN : 9780199594832

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The Constitutionalization of the Global Corporate Sphere? by Grahame Thompson Pdf

The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level.

The Investment Treaty Regime and Public Interest Regulation in Africa

Dominic Npoanlari Dagbanja
The Investment Treaty Regime and Public Interest Regulation in Africa Book PDF

Author : Dominic Npoanlari Dagbanja
Publisher : Oxford University Press
Page : 401 pages
File Size : 50,9 Mb
Release : 2022-07-14
Category : Law
ISBN : 9780192649898

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The Investment Treaty Regime and Public Interest Regulation in Africa by Dominic Npoanlari Dagbanja Pdf

A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly have the capacity to conclude treaties which contain standards of investment protection expressly preventing or unduly abridging the exercise of their regulatory authority. Focusing on this question, The Investment Treaty Regime and Public Interest Regulation in Africa presents The Imperatives Theory: a legal, normative, and principled framework for rethinking the legal status, making, and reform of investment treaties and investment dispute settlement in Africa, with relevant and significant implications for the global investment treaty regime.

Daunting Enterprise of the Law

Simon Archer,Daniel Drache,Peer Zumbansen
Daunting Enterprise of the Law Book PDF

Author : Simon Archer,Daniel Drache,Peer Zumbansen
Publisher : McGill-Queen's Press - MQUP
Page : 386 pages
File Size : 49,6 Mb
Release : 2017-02-24
Category : Law
ISBN : 9780773548916

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Daunting Enterprise of the Law by Simon Archer,Daniel Drache,Peer Zumbansen Pdf

Professor emeritus at Osgoode Hall Law School and former president of Toronto’s York University, Harry W. Arthurs is one of Canada’s most widely respected scholars, educators, and policy makers in the world today. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education. Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs’s extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs’s work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs’s ideas and intellectual contributions, they further advance the reader’s understanding of labour law and industrial relations. Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs’s institutional achievements and policy leadership and an important contribution to contemporary scholarship.

A Perilous Imbalance

Stephen Clarkson,Stepan Wood
A Perilous Imbalance Book PDF

Author : Stephen Clarkson,Stepan Wood
Publisher : University of British Columbia Press
Page : 347 pages
File Size : 53,8 Mb
Release : 2010
Category : Law
ISBN : 0774814888

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A Perilous Imbalance by Stephen Clarkson,Stepan Wood Pdf

Through an examination of Canadians' complicated roles as agents and objects of globalization, this book shows how Canada's experience of and contribution to globalized governance is characterized by serious imbalances. It explores these imbalances by tracing three interlinked developments: the emergence of a neoconservative supraconstitution, the transformation of the nation-state, and the growth of governance beyond the nation-state. Advocating a revitalized Canadian state as a vehicle for pursuing human security, ecological integrity, and social emancipation, and for creating spaces in which progressive, alternative forms of law and governance can unfold, this book offers a compelling analysis of the challenges that middle powers and their citizens face in a globalizing world.