Constitutionalizing Globalization

Author : Daniel Judah Elazar
Publisher : Rowman & Littlefield
Page : 268 pages
File Size : 48,8 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.

Author : David Schneiderman
Publisher : Cambridge University Press
Page : 60 pages
File Size : 55,6 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.

Author : David Schneiderman
Publisher : Cambridge University Press
Page : 340 pages
File Size : 45,5 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.

Author : Grahame F. Thompson
Publisher : OUP Oxford
Page : 236 pages
File Size : 46,9 Mb
Release : 2012-10-25
Category : Business & Economics
ISBN : 9780191641367

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

With the advent of globalization - where corporate organizations and the commercial relations that accompany them are argued to be becoming increasingly transnational - the locus of powers, authorities, and responsibilities has shifted to the global level. The nation-state arena is losing its capacity to regulate and control commercial processes and practices as a transformational logic kicks-in, associated with new forms of global rule-making and governance. It is this new arena of global rule-making that can be considered as a surrogate form of global constitutionalization, or 'quasi-constitutionalization'. But as might be expected, this surrogate process of constitutionalization is not a coherent system or set of rounded outcomes but full of contradictory half-finished currents and projects: an 'assemblage' of many disparate advances and often directionless moves - almost an accidental coming together of elements. It is this assemblage that is to be investigated and unbundled by the analysis of the book. 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. It analyses how we should characterize the process that has seen the international corporate arena increasingly subject to juridical and constitutional-like regulatory initiatives and interventions and whether this amounts to a new attempt to subject international commercial relations to the 'rule of law' and, indeed, to rule the world through these very means.

Author : Jean-Philippe Robé,Antoine Lyon-Caen,Stéphane Vernac
Publisher : Routledge
Page : 246 pages
File Size : 48,8 Mb
Release : 2016-06-03
Category : Law
ISBN : 9781317093343

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Multinationals and the Constitutionalization of the World Power System by Jean-Philippe Robé,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.

Author : Jan Klabbers,Anne Peters,Geir Ulfstein
Publisher : OUP Oxford
Page : 414 pages
File Size : 52,6 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191615917

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The Constitutionalization of International Law by Jan Klabbers,Anne Peters,Geir Ulfstein Pdf

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Author : Aydin Atilgan
Publisher : Springer
Page : 314 pages
File Size : 48,6 Mb
Release : 2017-12-08
Category : Law
ISBN : 3662556464

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Global Constitutionalism by Aydin Atilgan Pdf

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 47,9 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

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Globalization and Sovereignty by Jean L. Cohen Pdf

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Author : United States Institute of Peace
Publisher : Unknown
Page : 84 pages
File Size : 53,8 Mb
Release : 1999
Category : Peace
ISBN : IND:30000070272343

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Contributions to the Study of Peacemaking by United States Institute of Peace Pdf

Author : Michael Burgess
Publisher : Oxford University Press
Page : 356 pages
File Size : 46,7 Mb
Release : 2012-12-20
Category : Law
ISBN : 9780199606238

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In Search of the Federal Spirit by Michael Burgess Pdf

In Search of the Federal Spirit is a major new examination of the theory and practice of federal state formation in the post-Cold War era. It introduces the concept of the federal spirit as a means of exploring the emergence of a range of new political models.

Author : Anne-Marie Smith
Publisher : Unknown
Page : 84 pages
File Size : 42,6 Mb
Release : 1999
Category : Mediation, International
ISBN : PURD:32754082154604

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Contributions to the Study of Peacemaking by Anne-Marie Smith Pdf

Author : Max L. Stackhouse,Peter J. Paris,Don S. Browning
Publisher : A&C Black
Page : 262 pages
File Size : 49,9 Mb
Release : 2001-03-01
Category : Religion
ISBN : 1563383306

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God and Globalization: Volume 2 by Max L. Stackhouse,Peter J. Paris,Don S. Browning Pdf

A trenchant study of the impact of globalization on the world's major institutions shows how the new "authorities" are influenced by religious and spiritual principles. Original.

Author : United States Institute of Peace
Publisher : Unknown
Page : 84 pages
File Size : 49,8 Mb
Release : 1991
Category : Mediation, International
ISBN : MINN:31951D01864304N

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Contributions to the Study of Peacemaking: A summary of projects completed by grantees and fellows, 1997-99 by United States Institute of Peace Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 1995
Category : Peace
ISBN : UCBK:C077728475

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Contributions to the Study of Peacemaking by Anonim Pdf

Author : Randy Martin
Publisher : U of Minnesota Press
Page : 316 pages
File Size : 50,5 Mb
Release : 2002
Category : Philosophy
ISBN : 0816638950

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On Your Marx by Randy Martin Pdf

Basic treatment of fundamental concepts of discrete event simulation. Appropriate as Jr./Sr. level introductory simulation text in Engineering, Management, Computer Science; a second course in simulation and an introduction to stochastic models. Features many examples, figures and tables.