Law And State In The Globalized World

Author : Surendra Bhandari
Publisher : Unknown
Page : 459 pages
File Size : 53,6 Mb
Release : 2015
Category : Comparative law
ISBN : 1634834577

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Law and State in the Globalized World by Surendra Bhandari Pdf

More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.

Author : Surendra R. Bhandari
Publisher : BRILL
Page : 409 pages
File Size : 40,6 Mb
Release : 2016-05-04
Category : Law
ISBN : 9789004313460

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Global Constitutionalism and the Path of International Law by Surendra R. Bhandari Pdf

Global Constitutionalism and the Path of International Law offers an account of the most important growth and features of international law in the form of global constitutionalism. This book demonstrates how global constitutionalism is shaping the path of international law.

Author : Edward S. Cohen
Publisher : Routledge
Page : 189 pages
File Size : 48,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781000554205

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Power and Pluralism in International Law by Edward S. Cohen Pdf

Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

Author : Jorge Luis Fabra-Zamora
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 53,5 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788974424

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Jurisprudence in a Globalized World by Jorge Luis Fabra-Zamora Pdf

Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.

Author : Abdelhamid El Ouali
Publisher : Springer Science & Business Media
Page : 407 pages
File Size : 51,5 Mb
Release : 2012-03-26
Category : Law
ISBN : 9783642228698

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Territorial Integrity in a Globalizing World by Abdelhamid El Ouali Pdf

This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Author : John Linarelli,Margot E. Salomon,Muthucumaraswamy Sornarajah
Publisher : Oxford University Press
Page : 337 pages
File Size : 48,5 Mb
Release : 2018
Category : Law
ISBN : 9780198753957

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The Misery of International Law by John Linarelli,Margot E. Salomon,Muthucumaraswamy Sornarajah Pdf

Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.

Author : Daphne Barak-Erez
Publisher : Springer Science & Business Media
Page : 478 pages
File Size : 42,5 Mb
Release : 2004
Category : Business & Economics
ISBN : 354001103X

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The Welfare State, Globalization, and International Law by Daphne Barak-Erez Pdf

with contributions by numerous experts

Author : Eyal Benvenisti,Georg Nolte
Publisher : Springer Science & Business Media
Page : 448 pages
File Size : 47,8 Mb
Release : 2011-06-27
Category : Law
ISBN : 9783642170089

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The Welfare State, Globalization, and International Law by Eyal Benvenisti,Georg Nolte Pdf

The book deals with the role of the international level in securing or supplementing national welfare functions. The authors evaluate the role of international labour law, social rights as human rights, the World Trade Organisation, non-governmental organisations and international taxation law, in the effort to maintain and promote welfare rights and the welfare state. The functions of national migration law and of social security law are analysed in case studies.

Author : Wilfried Bolewski
Publisher : Springer Science & Business Media
Page : 136 pages
File Size : 53,7 Mb
Release : 2007-05-01
Category : Science
ISBN : 9783540711018

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Diplomacy and International Law in Globalized Relations by Wilfried Bolewski Pdf

Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.

Author : Inis L. Claude
Publisher : Springer
Page : 213 pages
File Size : 46,8 Mb
Release : 1988-06-18
Category : Social Science
ISBN : 9781349098262

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States and the Global System by Inis L. Claude Pdf

Author : Antony Anghie,Bhupinder Chimni,Karin Mickelson,Obiora C. Okafor
Publisher : BRILL
Page : 200 pages
File Size : 54,5 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004479869

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The Third World and International Order by Antony Anghie,Bhupinder Chimni,Karin Mickelson,Obiora C. Okafor Pdf

This collection of essays explores different dimensions of the relationship between the third world and international law. The topics covered include third world approaches to international law, non-state actors and developing countries, feminism and the third world, foreign investment, resistance and international law, and territorial disputes and native peoples. It is a further contribution to the work done by scholars intent on elaborating what might be termed Third World Approaches to International Law (TWAIL). This initiative seeks to continue and further develop the important work that has been done over many decades, particularly by scholars and jurists from the third world, to construct an international law which is sensitive to the needs of third world peoples. This body of scholarship has attempted to extend and expand the concerns and materials of international law. The essays in this volume are animated by these same motives at a time when unprecedented issues confront third world peoples, particularly since the contemporary international system appears to be disempowering third world peoples, intensifying inequality between the North and the South, and indeed, importantly, within the North and the South. TWAIL scholars attempt to look afresh at the history of colonial international law, engage previous trends in third world scholarship in international law, take cognizance of the dramatic changes which have characterized the body of international law in the last few decades from the perspective of third world peoples, record their resistance to unjust and oppressive international laws, and advance new approaches that address their needs and concerns. These are the broad themes and concerns which animate this collection of essays.

Author : Gunther Teubner
Publisher : Dartmouth Publishing Company
Page : 344 pages
File Size : 40,6 Mb
Release : 1997
Category : Law
ISBN : UOM:39015040665633

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Global Law Without a State by Gunther Teubner Pdf

This work deals with legal pluralism in an emerging world society. It central thesis is that globalization of law tends to create a decentred law-making process which occurs in multiple sectors of civil society, independently of nation states. Technical standardization, professional rule production, human rights, intra-organizational regulation in multinational enterprises, contracting, arbitration and other institutions of lex mercatoria are forms of rule by private governments, claiming world-wide validity independently of the law of the nation states. They have come into existence not by formal acts of nation states but by strange paradoxical acts of self-validation.

Author : Harkristuti Harkrisnowo,Hikmahanto Juwana,Yu Un Oppusunggu
Publisher : CRC Press
Page : 434 pages
File Size : 42,8 Mb
Release : 2017-11-14
Category : Social Science
ISBN : 9781351840453

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Law and Justice in a Globalized World by Harkristuti Harkrisnowo,Hikmahanto Juwana,Yu Un Oppusunggu Pdf

The book consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms. This reconfirms the idea that the legal system is extremely important in the global world. This book provides new insights and new horizons on how law and justice took part in globalizing human interaction, especially in the Asia-Pacific region.

Author : Koen De Feyter
Publisher : Routledge
Page : 578 pages
File Size : 45,6 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781351933131

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Globalization and Common Responsibilities of States by Koen De Feyter Pdf

There is a growing awareness that international law insufficiently protects common global interests and that States and non-State actors need to work together to protect global aims. The focus of this book is on the different fields of international law where there is a need for global cooperation to achieve common aims, for example: the law of the sea; protection of world cultural heritage; sustainable development, biological diversity and climate change; human rights; and international crimes. The volume also identifies the legal developments which have taken place, for example treaties which use the language of ’common heritage of mankind’ or ’common concern of humanity’, thereby identifying global concerns and reflecting a global set of values and interests independent of the interests of States.

Author : Eve Darian-Smith
Publisher : Cambridge University Press
Page : 433 pages
File Size : 41,8 Mb
Release : 2013-01-31
Category : Law
ISBN : 9780521113786

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Laws and Societies in Global Contexts by Eve Darian-Smith Pdf

This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.