Harmonizing Law In An Era Of Globalization

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Harmonizing Law in an Era of Globalization

Larry Catá Backer
Harmonizing Law in an Era of Globalization Book PDF

Author : Larry Catá Backer
Publisher : Unknown
Page : 408 pages
File Size : 52,5 Mb
Release : 2007
Category : Law
ISBN : UOM:39015070771590

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Harmonizing Law in an Era of Globalization by Larry Catá Backer Pdf

The essays in this book highlight the most important ways in which domestic, international, public, and private legal systems interact with each other. The initial essays provide a theoretical overview of the study of legal harmonization--that is, of the nature and character of communication, accommodation, amalgamation, or resistance among legal systems. These interactions occur within horizontal relationships, between political institutions operating at the same level of authority. Vertical relationships between political institutions whose relationships are hierarchical have given rise to different patterns of interaction. New legal orders are being created through the adoption of international legal instruments that may reach nation-states, private entities, and individuals. Each has the potential for significantly affecting the sources of authority over public and private actors. Other essays illustrate the many ways in which communication between legal systems produce very real, if very different, effects across the world. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "[T]he individual essays may be profitably used to illustrate and discuss harmonization among both legal systems and political systems. In particular, the essays on South Africa, on Mercosur, and on Islam raise some distinct challenges and clear issues for scholars and students of globalization, both from a legal and a political science perspective." -- Law & Politics Book Review

Globalization and the Harmonization of Law

Jarrod Wiener
Globalization and the Harmonization of Law Book PDF

Author : Jarrod Wiener
Publisher : Pinter
Page : 248 pages
File Size : 41,8 Mb
Release : 1999-10
Category : Law
ISBN : UOM:39015048932654

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Globalization and the Harmonization of Law by Jarrod Wiener Pdf

Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues. Concentrating on one aspect of sovereignty, that of protective jurisdiction, Wiener examines the USA and the states of the European Union as actors that are highly integrated into transnational practices, and takes international banking, money laundering, and the Internet as case studies. Wiener believes that the challenge to sovereignty from these practices comes from deregulation and liberalization of public policy, with the consequent empowerment of civil society actors who are transnationally mobile. In response, states are pursuing a two-fold strategy to assert control. The first is "domestication", which is the formulation of municipal law to control the activities of individuals and to localize control on the territory of the state. The second process is that of "harmonization" of laws across borders, which standardizes the means of controlling civil society actors.

Lawyers and the Rule of Law in an Era of Globalization

Yves Dezalay
Lawyers and the Rule of Law in an Era of Globalization Book PDF

Author : Yves Dezalay
Publisher : Taylor & Francis
Page : 270 pages
File Size : 47,8 Mb
Release : 2011
Category : Law
ISBN : 0415581176

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Lawyers and the Rule of Law in an Era of Globalization by Yves Dezalay Pdf

Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national and the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the 'rule of law', not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities. Lawyers and the Rule of Law in an Era of Globalization will be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.

Globalization and Private Law

Michael Faure,Andre Van der Walt
Globalization and Private Law Book PDF

Author : Michael Faure,Andre Van der Walt
Publisher : Edward Elgar Publishing
Page : 509 pages
File Size : 45,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805216

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Globalization and Private Law by Michael Faure,Andre Van der Walt Pdf

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Adjudicating Trade and Investment Disputes

Szilárd Gáspár-Szilágyi,Daniel Behn,Malcolm Langford
Adjudicating Trade and Investment Disputes Book PDF

Author : Szilárd Gáspár-Szilágyi,Daniel Behn,Malcolm Langford
Publisher : Cambridge University Press
Page : 341 pages
File Size : 41,8 Mb
Release : 2020-07-02
Category : Business & Economics
ISBN : 9781108487405

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Adjudicating Trade and Investment Disputes by Szilárd Gáspár-Szilágyi,Daniel Behn,Malcolm Langford Pdf

A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.

Dynamics of Energy Governance in Europe and Russia

C. Kuzemko,A. Belyi,A. Goldthau,M. Keating
Dynamics of Energy Governance in Europe and Russia Book PDF

Author : C. Kuzemko,A. Belyi,A. Goldthau,M. Keating
Publisher : Springer
Page : 292 pages
File Size : 44,7 Mb
Release : 2012-03-02
Category : Political Science
ISBN : 9780230370944

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Dynamics of Energy Governance in Europe and Russia by C. Kuzemko,A. Belyi,A. Goldthau,M. Keating Pdf

Energy in Europe and Russia is in flux. This book presents a rich set of case studies for analyzing the complex and intertwined regional dynamics of multiple actors, levels, and policy fields in energy throughout Europe and Russia, with the aim of offering an alternative view to the prevalent geopolitical or neoliberal approaches.

The Many Lives of Transnational Law

Peer Zumbansen
The Many Lives of Transnational Law Book PDF

Author : Peer Zumbansen
Publisher : Cambridge University Press
Page : 539 pages
File Size : 53,6 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.

Towards Convergence in International Human Rights Law

Carla M. Buckley,Alice Donald,Philip Leach
Towards Convergence in International Human Rights Law Book PDF

Author : Carla M. Buckley,Alice Donald,Philip Leach
Publisher : BRILL
Page : 685 pages
File Size : 43,7 Mb
Release : 2016-11-10
Category : Law
ISBN : 9789004284258

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Towards Convergence in International Human Rights Law by Carla M. Buckley,Alice Donald,Philip Leach Pdf

In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.

Reading American Indian Law

Grant Christensen,Melissa L. Tatum
Reading American Indian Law Book PDF

Author : Grant Christensen,Melissa L. Tatum
Publisher : Cambridge University Press
Page : 451 pages
File Size : 40,5 Mb
Release : 2019-12-12
Category : History
ISBN : 9781108488532

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Reading American Indian Law by Grant Christensen,Melissa L. Tatum Pdf

Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.

Comparative Law as Transnational Law

Russell A. Miller,Peer Zumbansen
Comparative Law as Transnational Law Book PDF

Author : Russell A. Miller,Peer Zumbansen
Publisher : Oxford University Press, USA
Page : 526 pages
File Size : 43,5 Mb
Release : 2012
Category : Law
ISBN : 9780199795208

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Comparative Law as Transnational Law by Russell A. Miller,Peer Zumbansen Pdf

This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.

Research Handbook on Sovereign Wealth Funds and International Investment Law

Fabio Bassan
Research Handbook on Sovereign Wealth Funds and International Investment Law Book PDF

Author : Fabio Bassan
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 44,5 Mb
Release : 2015-06-29
Category : Law
ISBN : 9781781955208

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Research Handbook on Sovereign Wealth Funds and International Investment Law by Fabio Bassan Pdf

Research on the role of sovereign investments in a time of crisis is still unsatisfactory. This Research Handbook illustrates the state of the art of the legal investigation on sovereign investments, filling necessary gaps in previous research. Current

Routledge Handbook of Diplomacy and Statecraft

B.J.C. McKercher
Routledge Handbook of Diplomacy and Statecraft Book PDF

Author : B.J.C. McKercher
Publisher : Routledge
Page : 525 pages
File Size : 51,7 Mb
Release : 2012-03-12
Category : Political Science
ISBN : 9781136664373

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Routledge Handbook of Diplomacy and Statecraft by B.J.C. McKercher Pdf

Despite post-Cold War arguments about their demise, ‘Great Powers’ not only continue to thrive, with lesser Powers they form the basis of the constellation of global politics. This topical new Handbook illustrates how and why the new international order has evolved – and is still evolving – since the end of the Cold War, through the application of diplomacy and statecraft. Including cutting edge contributions from over 40 scholars, the handbook is structured around seven sections: Context of Diplomacy Great Powers Middle Powers Developing Powers International Organisations and Military Alliances International Economy Issues of Conflict and Co-operation Through analysis of a wide range of case studies, the Handbook assesses the diplomacy and statecraft of individual powers, offering insights into how they function, their individual perception of national interests and the roles they play in modern statecraft. The contributors also seek to evaluate the organizations and contemporary issues that continue to influence the shaping of the new international order. A comprehensive survey of diplomacy across the world, this work will be essential reading for scholars and professionals alike.

Promoting Accountability under International Law for Gross Human Rights Violations in Africa

Charles Chernor Jalloh,Alhagi B.M. Marong
Promoting Accountability under International Law for Gross Human Rights Violations in Africa Book PDF

Author : Charles Chernor Jalloh,Alhagi B.M. Marong
Publisher : BRILL
Page : 657 pages
File Size : 43,6 Mb
Release : 2015-07-16
Category : Law
ISBN : 9789004271753

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Promoting Accountability under International Law for Gross Human Rights Violations in Africa by Charles Chernor Jalloh,Alhagi B.M. Marong Pdf

Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.

The Oxford Handbook of Transnational Law

Peer Zumbansen
The Oxford Handbook of Transnational Law Book PDF

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 53,5 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780197547434

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The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.

Multinationals and the Constitutionalization of the World Power System

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

Author : Jean-Philippe Robé,Antoine Lyon-Caen,Stéphane Vernac
Publisher : Routledge
Page : 246 pages
File Size : 47,5 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.