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Law, Complexity and Globalisation by Julian S. Webb,Webb, Graham,Professor of Legal Education Julian Webb Pdf
Complexity theory has its earliest origins in studies of self-organisation bwithin genetic and other biological systems, and in parallel developments elsewhere in the natural sciences. More recently still, complexity theory has begun to impact thinking in the social sciences and sicial theory. Philisophically, there are still strong links with both (post-) structuralist and phenomenological traditions, while in terms of social theory, complexity theory has tended to be treated as aspecies of systems theory, and hence linked to the normative-functionalist projects of Durkheim and Parsons. However, more recent work on the social science of complexity has stressed how complexity theory can transcend the statis inherent in classical functionalist thinking about the social order, by stressing the fluid, heterogeneous, unpredictable and increasingly global ordering of the social world.
Internationalization of Law by Marcelo Dias Varella Pdf
The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.
Globalisation and the Rule of Law by Spencer Zifcak Pdf
Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualization in a global environment. Then, in three sections considering global trade, security and human rights, it proposes new ways of thinking about global law and its application in new and existing institutions of global governance. Contributors include top-flight academics, politicians and judges, making this book significant and relevant in both jurisprudential theory and political practice.
Law, Complexity and Globalisation by Julian Webb Pdf
Complexity theory has its earliest origins in studies of self-organization within genetic and other biological systems, and in parallel developments elsewhere in the natural sciences. More recently still, complexity theory has begun to impact thinking in the social sciences and social theory. Philisophically, there are still strong links with both (post-) structuralist and phenomenological traditions, while in terms of social theory, complexity theory has tended to be treated as a species of systems theory, and hence linked to the normative-functionalist projects of Durkheim and Parsons. However, more recent work on the social science of complexity has stressed how complexity theory can transcend the status inherent in classical functionalist thinking about the social order, by stressing the fluid, heterogeneous, unpredictable and increasingly global ordering of the social world.
Globalisation and Natural Resources Law by Elena Blanco,Jona Razzaque Pdf
'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
Rules for a Flat World by Gillian Kereldena Hadfield Pdf
How can we promote economic progress in a staggeringly complex global system? In the bestselling book The World is Flat, Thomas Friedman argued that technology and globalization have leveled the playing field among workers and innovators worldwide. But why, ten years after he proposed thisthesis, are billions of people around the world still locked out of global prosperity and security?In Rules for a Flat World, law and economics professor Gillian Hadfield points to an outdated legal infrastructure as the cause of stagnating progress in the global economy. The world's biggest corporations are struggling to manage workers, and advance a consistent strategy, in dozens of countriesat once. Small businesses are being crushed by disruption a hemisphere away. Billions of people who constitute the bottom of the economic pyramid are still shut out of the technological, legal, and medical advancements that the other half of the world enjoys. Put simply, the law and legal methods onwhich we currently rely have failed to evolve along with technology. Hadfield argues not only that these systems are too slow, costly, and localized to support an increasingly complex global economy, but also that they fail to address looming challenges such as global warming, poverty, andoppression in developing countries.Instead of growing more agile and less expensive, our legal infrastructure is drowning in costs and complexity, all the while growing less capable of responding to the needs of businesses, governments, and ordinary people. Through a sweeping review of the emergence and evolution of law overthousands of years, Hadfield makes the case that our existing methods of producing law-via legislatures, courts, and bureaucracies-need supplementing. Markets, she argues, have the capacity to spur investment in regulation so that we can better manage smarter, faster, and more complicated economicsystems. Combining an impressive grasp of the empirical details of economic globalization with an ambitious re-envisioning of our global legal system, Rules for a Flat World is a crucial and influential intervention into the debates surrounding how best to manage the evolving global economy.
The Globalization of International Law by PaulSchiff Berman Pdf
'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.
Lawyers and the Rule of Law in an Era of Globalization by Yves Dezalay,Bryant Garth Pdf
First published in 2011. 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 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 possess and deploy, in order to understands the efficacy of the rule of law in different polities. This book 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 Inequalities by Sylvia Walby Pdf
How has globalization changed social inequality? Why do Americans die younger than Europeans, despite larger incomes? Is there an alternative to neoliberalism? Who are the champions of social democracy? Why are some countries more violent than others? In this groundbreaking book, Sylvia Walby examines the many changing forms of social inequality and their intersectionalities at both country and global levels. She shows how the contest between different modernities and conceptions of progress shape the present and future. The book re-thinks the nature of economy, polity, civil society and violence. It places globalization and inequalities at the centre of an innovative new understanding of modernity and progress and demonstrates the power of these theoretical reformulations in practice, drawing on global data and in-depth analysis of the US and EU. Walby analyses the tensions between the different forces that are shaping global futures. She examines the regulation and deregulation of employment and welfare; domestic and public gender regimes; secular and religious polities; path dependent trajectories and global political waves; and global inequalities and human rights.
Reflections on Global Law by Shavana Musa,Eefje de Volder Pdf
This book provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines. In a globalised world, it is important that one is able to look beyond the 'local', given that there are now a whole host of different types of jurisdictions at work. This book touches upon the interdisciplinary character and complexities of global law and demonstrates the further need, within academia, to delve into this newly emerging field of law.
Global Perspectives on the Rule of Law by James J. Heckman,Robert L. Nelson,Lee Cabatingan Pdf
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.
Human Rights and Capitalism by Janet Dine,A. Fagan Pdf
Human Rights and Capitalism brings together two important facets of the globalization debate and examines the complex relationship between human rights, property rights and capitalist economies. Human rights issues have become increasingly important in this debate and their place as harbingers of justice or as an instrument of oppression is fiercely contended. Both sides of this issue are considered in the contributions to this book and the complex relationships between human rights, human dignity and capitalist economies are the themes running throughout the work. Appearing at a time when these issues are a subject of extreme controversy, this book is distinguished by its balanced and academic approach.
Nationalism and Globalisation by Stephen Tierney Pdf
This book addresses a seemingly paradoxical situation. On the one hand, nationalism from Scotland to the Ukraine remains a resilient political dynamic, fostering secessionist movements below the level of the state. On the other, the competence and capacity of states, and indeed the coherence of nationalism as an ideology, are increasingly challenged by patterns of globalisation in commerce, cultural communication and constitutional authority beyond the state. It is the aim of this book to shed light on the relationship between these two processes, addressing why the political currency of nationalism remains strong even when the salience of its objective – independent and autonomous statehood – becomes ever more attenuated. The book takes an interdisciplinary approach both within law and beyond, with contributions from international law, constitutional law, constitutional theory, history, political science and sociology. The challenge for our time is considerable. Global networks grow ever more sophisticated while territorial borders, such as those in Eastern and Central Europe, become seemingly more unstable. It is hoped that this book, by bringing together areas of scholarship which have not communicated with one another as much as they might, will help develop an ongoing dialogue across disciplines with which better to understand these challenging, and potentially destabilising, developments.
