The Power Of Law In A Transnational World

Author : Franz von Benda-Beckmann,Keebet von Benda-Beckmann,Anne M. O. Griffiths
Publisher : Berghahn Books
Page : 273 pages
File Size : 46,8 Mb
Release : 2012
Category : Law
ISBN : 9780857456151

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The Power of Law in a Transnational World by Franz von Benda-Beckmann,Keebet von Benda-Beckmann,Anne M. O. Griffiths Pdf

How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.

Author : Edward S. Cohen
Publisher : Routledge
Page : 189 pages
File Size : 48,8 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 : Pieter H. F. Bekker,Rudolf Dolzer,Michael Waibel
Publisher : Cambridge University Press
Page : 719 pages
File Size : 47,6 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139492140

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Making Transnational Law Work in the Global Economy by Pieter H. F. Bekker,Rudolf Dolzer,Michael Waibel Pdf

This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.

Author : Alfred C. Aman, Jr.,Carol Greenhouse
Publisher : Unknown
Page : 702 pages
File Size : 47,8 Mb
Release : 2017-08-17
Category : Conflict of laws
ISBN : 1422496406

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Transnational Law by Alfred C. Aman, Jr.,Carol Greenhouse Pdf

This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law — national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power. The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures. Transnational Law is arranged in three parts. Part I (“Governance through treaties and agreements”) considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II (“Governance through codes and contracts”) takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III (“Governance through government”) considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.--

Author : Terence C. Halliday,Gregory C. Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 49,5 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 : Roger Cotterrell,Maksymilian Del Mar
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 40,7 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781784711627

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Authority in Transnational Legal Theory by Roger Cotterrell,Maksymilian Del Mar Pdf

The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.

Author : Philip Caryl Jessup
Publisher : Unknown
Page : 136 pages
File Size : 55,6 Mb
Release : 1956
Category : Conflict of laws
ISBN : UOM:39015008175393

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Transnational Law by Philip Caryl Jessup Pdf

Author : Alfred C. Aman (Jr.),Carol J. Greenhouse
Publisher : Unknown
Page : 128 pages
File Size : 45,8 Mb
Release : 2017
Category : Conflict of laws
ISBN : 163284978X

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Transnational Law by Alfred C. Aman (Jr.),Carol J. Greenhouse Pdf

This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law -- national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power. The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures. Transnational Law is arranged in three parts. Part I ("Governance through treaties and agreements") considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II ("Governance through codes and contracts") takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III ("Governance through government") considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.--

Author : Oonagh E. Fitzgerald
Publisher : McGill-Queen's Press - MQUP
Page : 443 pages
File Size : 54,6 Mb
Release : 2020-10-06
Category : Business & Economics
ISBN : 9781928096948

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Corporate Citizen by Oonagh E. Fitzgerald Pdf

The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens? Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled – in the service of humanity and the protection of the natural environment.

Author : A. Claire Cutler
Publisher : Cambridge University Press
Page : 332 pages
File Size : 48,5 Mb
Release : 2003-08-14
Category : Law
ISBN : 052153397X

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Private Power and Global Authority by A. Claire Cutler Pdf

Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, the author develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, she illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.

Author : Peer Zumbansen
Publisher : Cambridge University Press
Page : 539 pages
File Size : 54,5 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 : Gregory Shaffer
Publisher : Cambridge University Press
Page : 345 pages
File Size : 49,8 Mb
Release : 2021-07-22
Category : Business & Economics
ISBN : 9781108495196

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Emerging Powers and the World Trading System by Gregory Shaffer Pdf

This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

Author : Emanuel Deutschmann
Publisher : Princeton University Press
Page : 266 pages
File Size : 46,6 Mb
Release : 2022-01-25
Category : Social Science
ISBN : 9780691226507

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Mapping the Transnational World by Emanuel Deutschmann Pdf

A study of the structure, growth, and future of transnational human travel and communication Increasingly, people travel and communicate across borders. Yet, we still know little about the overall structure of this transnational world. Is it really a fully globalized world in which everything is linked, as popular catchphrases like “global village” suggest? Through a sweeping comparative analysis of eight types of mobility and communication among countries worldwide—from migration and tourism to Facebook friendships and phone calls—Mapping the Transnational World demonstrates that our behavior is actually regionalized, not globalized. Emanuel Deutschmann shows that transnational activity within world regions is not so much the outcome of political, cultural, or economic factors, but is driven primarily by geographic distance. He explains that the spatial structure of transnational human activity follows a simple mathematical function, the power law, a pattern that also fits the movements of many other animal species on the planet. Moreover, this pattern remained extremely stable during the five decades studied—1960 to 2010. Unveiling proximity-induced regionalism as a major feature of planet-scale networks of transnational human activity, Deutschmann provides a crucial corrective to several fields of research. Revealing why a truly global society is unlikely to emerge, Mapping the Transnational World highlights the essential role of interaction beyond borders on a planet that remains spatially fragmented.

Author : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 401 pages
File Size : 55,6 Mb
Release : 2012-06-18
Category : Law
ISBN : 9781139510974

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Rule of Law Dynamics by Michael Zurn,Andre Nollkaemper,Randy Peerenboom Pdf

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Author : Susan K. Sell
Publisher : Cambridge University Press
Page : 244 pages
File Size : 45,8 Mb
Release : 2003
Category : Business & Economics
ISBN : 052152539X

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Private Power, Public Law by Susan K. Sell Pdf

Analysis of the power of multinational corporations in moulding international law on intellectual property rights.