Global Order Beyond Law

Author : Carmen E. Pavel
Publisher : Oxford University Press
Page : 217 pages
File Size : 40,7 Mb
Release : 2021-03-30
Category : Business & Economics
ISBN : 9780197543917

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Law Beyond the State by Carmen E. Pavel Pdf

Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

Author : Thomas Dietz
Publisher : Unknown
Page : 252 pages
File Size : 49,5 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:1010836099

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Global Order Beyond Law by Thomas Dietz Pdf

Author : Thomas Dietz
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 54,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253914

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Global Order Beyond Law by Thomas Dietz Pdf

Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 49,9 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Author : Sam Adelman,Abdul Paliwala
Publisher : Routledge
Page : 258 pages
File Size : 47,6 Mb
Release : 2022-04-27
Category : Law
ISBN : 9781351427487

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Beyond Law and Development by Sam Adelman,Abdul Paliwala Pdf

The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.

Author : Terence C. Halliday,Gregory C. Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 51,9 Mb
Release : 2015-01-19
Category : Business & Economics
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory C. Shaffer Pdf

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Author : Lucrecia García Iommi,Richard W Maass
Publisher : University of Michigan Press
Page : 365 pages
File Size : 42,5 Mb
Release : 2022-07-26
Category : Political Science
ISBN : 9780472220274

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The United States and International Law by Lucrecia García Iommi,Richard W Maass Pdf

The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

Author : Marjan Ajevski
Publisher : Routledge
Page : 167 pages
File Size : 49,7 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317442936

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Fragmentation in International Human Rights Law by Marjan Ajevski Pdf

This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 43,8 Mb
Release : 2021
Category : Law
ISBN : 9780197547410

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The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Author : Matthew D. Stephen,Michael Zürn
Publisher : Oxford University Press
Page : 352 pages
File Size : 50,9 Mb
Release : 2019-07-11
Category : Political Science
ISBN : 9780192580962

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Contested World Orders by Matthew D. Stephen,Michael Zürn Pdf

World orders are increasingly contested. As international institutions have taken on ever more ambitious tasks, they have been challenged by rising powers dissatisfied with existing institutional inequalities, by non-governmental organizations worried about the direction of global governance, and even by some established powers no longer content to lead the institutions they themselves created. For the first time, this volume examines these sources of contestation under a common and systematic institutionalist framework. While the authority of institutions has deepened, at the same time it has fuelled contestation and resistance. In a series of rigorous and empirically revealing chapters, the authors of Contested World Orders examine systematically the demands of key actors in the contestation of international institutions. Ranging in scope from the World Trade Organization and the Nuclear Non-proliferation Regime to the Kimberley Process on conflict diamonds and the climate finance provisions of the UNFCCC, the chapters deploy a variety of methods to reveal just to what extent, and along which lines of conflict, rising powers and NGOs contest international institutions. Contested World Orders seeks answers to the key questions of our time: Exactly how deeply are international institutions contested? Which actors seek the most fundamental changes? Which aspects of international institutions have generated the most transnational conflicts? And what does this mean for the future of world order?

Author : Peer Zumbansen
Publisher : Cambridge University Press
Page : 539 pages
File Size : 50,5 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781108490269

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The Many Lives of Transnational Law by Peer Zumbansen Pdf

Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Author : Nico Krisch
Publisher : Cambridge University Press
Page : 521 pages
File Size : 55,8 Mb
Release : 2021-11-11
Category : Law
ISBN : 9781108843065

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Entangled Legalities Beyond the State by Nico Krisch Pdf

Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Author : Lauren Benton,Lisa Ford
Publisher : Harvard University Press
Page : 264 pages
File Size : 47,7 Mb
Release : 2016-10-03
Category : Law
ISBN : 9780674972803

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Rage for Order by Lauren Benton,Lisa Ford Pdf

Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.

Author : Trevor C.W. Farrow,Lesley A. Jacobs
Publisher : UBC Press
Page : 369 pages
File Size : 46,8 Mb
Release : 2020-09-01
Category : Law
ISBN : 9780774863605

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The Justice Crisis by Trevor C.W. Farrow,Lesley A. Jacobs Pdf

Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 42,7 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317

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Beyond Constitutionalism by Nico Krisch Pdf

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.