Transnational Legal Processes

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Transnational Legal Processes and Human Rights

Lauren Fielder
Transnational Legal Processes and Human Rights Book PDF

Author : Lauren Fielder
Publisher : Routledge
Page : 288 pages
File Size : 50,7 Mb
Release : 2016-02-17
Category : Political Science
ISBN : 9781317006817

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Transnational Legal Processes and Human Rights by Lauren Fielder Pdf

It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.

Transnational Legal Processes

Michael Likosky
Transnational Legal Processes Book PDF

Author : Michael Likosky
Publisher : Cambridge University Press
Page : 548 pages
File Size : 46,6 Mb
Release : 2002-04
Category : Law
ISBN : 0406946744

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Transnational Legal Processes by Michael Likosky Pdf

This work comprises 24 linked essays by leading transatlantic scholars in international law and the social sciences examining the sociolegal aspects of multi-jurisdictional legal techniques and trans-jurisdictional social phenomena. The contributors bring a range of disciplinary expertises including anthropology, economics, law and sociology to bear on key questions raised by transnational legal processes. The pieces explore legal developments in multiple territories including Africa, Asia, Latin America and the United States. The volume is designed as a general reader for courses on law and globalisation and related studies. The collection is made up of four parts, each addressing a central theme in transnational law and legal action (law-making and compliance), human rights, commerce and governance. The essays discuss such diverse problems as: the role of foreign actors in the ethnic conflicts of Kosovo and Rwanda; the power the United States and the UK wield over international capital markets; and the adaptability of existing public international law to deal with the challenges wrought by globalisation.

Transnational Legal Orders

Terence C. Halliday,Gregory C. Shaffer
Transnational Legal Orders Book PDF

Author : Terence C. Halliday,Gregory C. Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 50,5 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.

Transnational Legal Ordering of Criminal Justice

Gregory Shaffer,Ely Aaronson
Transnational Legal Ordering of Criminal Justice Book PDF

Author : Gregory Shaffer,Ely Aaronson
Publisher : Cambridge University Press
Page : 411 pages
File Size : 44,9 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781108836586

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Transnational Legal Ordering of Criminal Justice by Gregory Shaffer,Ely Aaronson Pdf

A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

The Process of International Legal Reproduction

Rose Parfitt
The Process of International Legal Reproduction Book PDF

Author : Rose Parfitt
Publisher : Cambridge University Press
Page : 541 pages
File Size : 51,6 Mb
Release : 2019-01-17
Category : History
ISBN : 9781316515198

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The Process of International Legal Reproduction by Rose Parfitt Pdf

Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities

Transnational Law and State Transformation

Jennifer Lander
Transnational Law and State Transformation Book PDF

Author : Jennifer Lander
Publisher : Routledge
Page : 200 pages
File Size : 55,6 Mb
Release : 2019-11-07
Category : Business & Economics
ISBN : 9780429664137

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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.

Backstage Practices of Transnational Law

Lianne J.M. Boer,Sofia Stolk
Backstage Practices of Transnational Law Book PDF

Author : Lianne J.M. Boer,Sofia Stolk
Publisher : Routledge
Page : 248 pages
File Size : 53,5 Mb
Release : 2019-04-16
Category : Law
ISBN : 9780429657337

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Backstage Practices of Transnational Law by Lianne J.M. Boer,Sofia Stolk Pdf

This book explores the ‘backstage’ of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the ‘backstage’ as emblematic of transnational legal practice. Expanding the focus of transnational legal scholarship, the book explores the seemingly mundane procedures which are often taken for granted, despite being widely recognized as part of what it means to ‘do transnational law’. Adopting various methodologies and approaches, each chapter focuses on one specific practice: for example, mooting exercises for law students, international travel, transnational time, the social media activities of lawyers and legal scholars, and the networking at the ICC’s annual Assembly of States Parties. In and of themselves, these chapters each provide unique insights into what happens before the curtain rises and after it falls on the familiar ‘outputs’ of transnational law. It does more, however, than provide a range of different practices: it takes the next step in theorizing on the importance of the marginal and the everyday for what we ‘know’ to be ‘the law’ and what the international legal field looks like. Furthermore, by interrogating undiscussed academic practices, it provides students with a candid view on the perils and promises of transnational legal scholarship, inviting them to join the discussion and to practice their discipline in a more reflexive way. Written in an accessible format, containing a readable collection of personal and recognizable accounts of transnational legal practice, the book provides an everyday insight into transnational law. It will therefore appeal to international legal scholars, alongside any reader with an interest in transnational law.

Transnational Legal Processes and Human Rights

Lauren Fielder
Transnational Legal Processes and Human Rights Book PDF

Author : Lauren Fielder
Publisher : Routledge
Page : 288 pages
File Size : 50,9 Mb
Release : 2016-02-17
Category : Political Science
ISBN : 9781317006824

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Transnational Legal Processes and Human Rights by Lauren Fielder Pdf

It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.

Transnational Law and Practice

Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock
Transnational Law and Practice Book PDF

Author : Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock
Publisher : Aspen Publishing
Page : 1056 pages
File Size : 49,5 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781543817522

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Transnational Law and Practice by Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.

Authority in Transnational Legal Theory

Roger Cotterrell,Maksymilian Del Mar
Authority in Transnational Legal Theory Book PDF

Author : Roger Cotterrell,Maksymilian Del Mar
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 54,5 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.

International Economic Organizations in the International Legal Process

Voitovich
International Economic Organizations in the International Legal Process Book PDF

Author : Voitovich
Publisher : Martinus Nijhoff Publishers
Page : 219 pages
File Size : 54,5 Mb
Release : 2023-08-28
Category : Business & Economics
ISBN : 9789004634626

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International Economic Organizations in the International Legal Process by Voitovich Pdf

Voitovich presents a clear and lucid discussion of the manner and form in which international economic organizations (IEOs) participate in two main stages of the international legal process: law making and law implementation. The book is based on normative instruments and fragments of practice of about fifty IEOs. In order to ensure a proper and timely realization of their normative acts, IEOs exercise a number of law implementing functions which are subject to a thorough comparative examination. The author concludes that existing IEOs, not being ideal institutional models, possess a sufficient arsenal of law implementing instruments to make a considerable impact on the international legal regulations in the economic field. The book will be of interest to academics and economic political scientists.

The Role of the EU in Transnational Legal Ordering

Marta Cantero Gamito,Hans-W. Micklitz
The Role of the EU in Transnational Legal Ordering Book PDF

Author : Marta Cantero Gamito,Hans-W. Micklitz
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 42,5 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788118415

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The Role of the EU in Transnational Legal Ordering by Marta Cantero Gamito,Hans-W. Micklitz Pdf

This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.

Irrational Human Rights? An Examination of International Human Rights Treaties

Naiade el-Khoury
Irrational Human Rights An Examination of International Human Rights Treaties Book PDF

Author : Naiade el-Khoury
Publisher : BRILL
Page : 290 pages
File Size : 52,5 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004439764

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Irrational Human Rights? An Examination of International Human Rights Treaties by Naiade el-Khoury Pdf

In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms.

The Many Lives of Transnational Law

Peer Zumbansen
The Many Lives of Transnational Law Book PDF

Author : Peer Zumbansen
Publisher : Cambridge University Press
Page : 539 pages
File Size : 41,9 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.

Transnationalisation and Legal Actors

Bettina Lemann Kristiansen,Katerina Mitkidis,Louise Munkholm,Lauren Neumann,Cécile Pelaudeix
Transnationalisation and Legal Actors Book PDF

Author : Bettina Lemann Kristiansen,Katerina Mitkidis,Louise Munkholm,Lauren Neumann,Cécile Pelaudeix
Publisher : Routledge
Page : 315 pages
File Size : 41,6 Mb
Release : 2019-06-10
Category : Law
ISBN : 9780429678974

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Transnationalisation and Legal Actors by Bettina Lemann Kristiansen,Katerina Mitkidis,Louise Munkholm,Lauren Neumann,Cécile Pelaudeix Pdf

Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.