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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.
Transnational Law and State Transformation by Jennifer Lander Pdf
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.
The Concept of Law from a Transnational Perspective by Detlef von Daniels Pdf
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
Constitution-Making and Transnational Legal Order by Gregory Shaffer,Tom Ginsburg,Terence C. Halliday Pdf
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Franz von Benda-Beckmann,Keebet von Benda-Beckmann,Anne M. O. Griffiths
Author : Franz von Benda-Beckmann,Keebet von Benda-Beckmann,Anne M. O. Griffiths Publisher : Berghahn Books Page : 273 pages File Size : 46,9 Mb Release : 2012 Category : Law ISBN : 9780857456151
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.
Due Diligence in the International Legal Order by Heike Krieger,Anne Peters,Leonhard Kreuzer Pdf
This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
Global Ordering by Louis W. Pauly,William D. Coleman Pdf
Despite myriad global forces influencing the lives of individuals, societies, and polities, people continue to value their personal and communal independence. They insist on shaping the conditions of their existence to the fullest extent possible. At the same time, many formal and informal institutions � from transnational legal and financial regimes to new governance arrangements for aboriginal communities in environmentally sensitive regions � are evolving, adapting to meet new challenges, or failing to adjust rapidly enough. Global Ordering examines the key institutions and organizations that mediate the ever-more complex relationship between globalization and autonomy. Bringing together an outstanding group of scholars, this ground-breaking book contributes significantly to the work of re-imagining the circumstances under which integrative systemic forces can be brought into alignment with irreducible commitments to individual and collective autonomy. It is an important work that maps the new frontier of globalization studies.