National Legal Systems And Globalization

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National Legal Systems and Globalization

Pierre Larouche,Péter Cserne
National Legal Systems and Globalization Book PDF

Author : Pierre Larouche,Péter Cserne
Publisher : Springer Science & Business Media
Page : 386 pages
File Size : 46,9 Mb
Release : 2012-11-27
Category : Law
ISBN : 9789067048859

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National Legal Systems and Globalization by Pierre Larouche,Péter Cserne Pdf

This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Internationalization of Law

Marcelo Dias Varella
Internationalization of Law Book PDF

Author : Marcelo Dias Varella
Publisher : Springer
Page : 354 pages
File Size : 44,7 Mb
Release : 2014-06-17
Category : Law
ISBN : 9783642541636

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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.

Private International Law and Global Governance

Horatia Muir Watt,Diego P. Fernández Arroyo
Private International Law and Global Governance Book PDF

Author : Horatia Muir Watt,Diego P. Fernández Arroyo
Publisher : Law and Global Governance
Page : 401 pages
File Size : 43,5 Mb
Release : 2014
Category : Law
ISBN : 9780198727620

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Private International Law and Global Governance by Horatia Muir Watt,Diego P. Fernández Arroyo Pdf

Horatia Muir Watt and Diego P. Fernández-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance Debate Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law 1: Geoffrey Samuel: Comparative Law as Resistance 2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance 3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique Section B. Political Critique: Privatization as Homogenization 4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations 5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism Section C. Searching for Legitimacy: Questions of Design 6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent? 7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking 8: Yannick Radi: Balancing the Public and the Private in International Investment Law PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS Section A. The Global Turn to Informality: Pragmatism and Constructivism 9: Benoit Frydman: A Pragmatic Approach To Global Law 10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation 11: Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism 12: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law 13: Jacco Bomhoff: The Constitution of the Conflict of Laws 14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws Section C. Reinventing a Global Horizon: Working towards a Global Public Good 15: Bram van der Eem: Financial Stability and Private International Law 16: Ivana Isailovic: Recognition(and Mis-recognition) in Private International Law 17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance? Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?

Globalization and the Harmonization of Law

Jarrod Wiener
Globalization and the Harmonization of Law Book PDF

Author : Jarrod Wiener
Publisher : Burns & Oates
Page : 248 pages
File Size : 47,8 Mb
Release : 1999
Category : Commercial law
ISBN : STANFORD:36105060435307

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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.

Advanced Introduction to Law and Globalisation

Jaakko Husa
Advanced Introduction to Law and Globalisation Book PDF

Author : Jaakko Husa
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 48,6 Mb
Release : 2018-11-30
Category : Law
ISBN : 9781788116473

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Advanced Introduction to Law and Globalisation by Jaakko Husa Pdf

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

Lawyers and the Rule of Law in an Era of Globalization

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

Author : Yves Dezalay,Bryant Garth
Publisher : Routledge
Page : 295 pages
File Size : 41,8 Mb
Release : 2011-01-30
Category : Law
ISBN : 9781136828737

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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.

The Globalization of International Law

PaulSchiff Berman
The Globalization of International Law Book PDF

Author : PaulSchiff Berman
Publisher : Routledge
Page : 699 pages
File Size : 55,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351543972

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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.

Diplomacy and International Law in Globalized Relations

Wilfried Bolewski
Diplomacy and International Law in Globalized Relations Book PDF

Author : Wilfried Bolewski
Publisher : Springer Science & Business Media
Page : 136 pages
File Size : 43,8 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.

The Law of the Future and the Future of Law

Sam Muller,Stavros Zouridis,Morly Frishman,Laura Kistemaker
The Law of the Future and the Future of Law Book PDF

Author : Sam Muller,Stavros Zouridis,Morly Frishman,Laura Kistemaker
Publisher : Torkel Opsahl Academic EPublisher
Page : 744 pages
File Size : 48,6 Mb
Release : 2011-06-21
Category : Law
ISBN : 9788293081272

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The Law of the Future and the Future of Law by Sam Muller,Stavros Zouridis,Morly Frishman,Laura Kistemaker Pdf

The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.

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 : 45,7 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.

The Chinese Legal System

Pitman B. Potter
The Chinese Legal System Book PDF

Author : Pitman B. Potter
Publisher : Routledge
Page : 571 pages
File Size : 53,9 Mb
Release : 2005-07-08
Category : Social Science
ISBN : 9781134561292

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The Chinese Legal System by Pitman B. Potter Pdf

The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

Interpretation of Law in the Global World: From Particularism to a Universal Approach

Joanna Jemielniak,Przemyslaw Miklaszewicz
Interpretation of Law in the Global World From Particularism to a Universal Approach Book PDF

Author : Joanna Jemielniak,Przemyslaw Miklaszewicz
Publisher : Springer Science & Business Media
Page : 378 pages
File Size : 50,6 Mb
Release : 2010-04-08
Category : Law
ISBN : 9783642048869

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Interpretation of Law in the Global World: From Particularism to a Universal Approach by Joanna Jemielniak,Przemyslaw Miklaszewicz Pdf

Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.

Highest Courts and Globalisation

Sam Muller,Sidney Richards
Highest Courts and Globalisation Book PDF

Author : Sam Muller,Sidney Richards
Publisher : Hague Academic Press
Page : 0 pages
File Size : 40,9 Mb
Release : 2010
Category : Law
ISBN : 9067046078

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Highest Courts and Globalisation by Sam Muller,Sidney Richards Pdf

One of the main tasks of highest courts is the maintenance of legal coherency within the national legal system. Highest courts should also observe national legislation to be in conformity with the constitution and international treaties. In the internationalising world of today, societies and legal systems increasingly interact. This has consequences for highest national courts which also increasingly interact with each other. The authors in this book investigate the implications of these phenomena for theory and practice. As leading scholars and distinguished judges they offer a unique and unprecedented perspective on the issue of highest courts and globalisation. This book is therefore highly recommended to judges and practitioners in national and international courts, academics, parliamentarians and civil servants of national ministries of justice and the interior.​ Law of the Future Conferences ‘Law of the Future’ is the top level international and multidisciplinary conference series initiated by The Hague Institute for the Internationalisation of Law (HiiL). These conferences explore how law is changing and should change under the pressure of globalisation and internationalisation, and how the roles of international actors and stakeholders will or must change as a consequence. The ‘Law of the Future’ conference series bridges practice and academia. The Changing Role of Highest Courts in an Internationalising World was the theme of the October 2008 Law of the Future Conference, which was held in The Hague, The Netherlands.

New Perspectives on the Divide Between National and International Law

Janne E. Nijman,André Nollkaemper
New Perspectives on the Divide Between National and International Law Book PDF

Author : Janne E. Nijman,André Nollkaemper
Publisher : OUP Oxford
Page : 416 pages
File Size : 49,9 Mb
Release : 2007-11-01
Category : Law
ISBN : 9780191566561

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New Perspectives on the Divide Between National and International Law by Janne E. Nijman,André Nollkaemper Pdf

This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other hand The traditional and dominant understanding of this relationship is that there exists a strict separation between the international legal order and domestic legal orders. Processes of legal globalisation and internationalisation have made this relationship much more complex. Legal authority has shifted away from the state in both vertical and horizontal directions. Forced by the pressures of interdependence, states have allowed international bodies to oversee and sometimes even implement and enforce domestic legislation. At the same time, private persons are more and more drawn into an internationalized order. Increasing cross-border flows of services, goods and capital, mobility, and communication have further undermined any stable notion of what is national and what is international. This book offers several partly complementary and partly competing perspectives that allow us understand and make sense of the complex interaction between the international and domestic sphere.

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 : 51,5 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