Transnationalisation And Legal Actors

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Transnationalisation and Legal Actors

Author : Bettina Lemann Kristiansen,Katerina Mitkidis,Louise Munkholm,Lauren Neumann,Cécile Pelaudeix
Publisher : Routledge
Page : 315 pages
File Size : 43,7 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.

Landscapes of Law

Author : Carol J. Greenhouse,Christina L. Davis
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 42,9 Mb
Release : 2020-06-05
Category : Social Science
ISBN : 9780812252224

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Landscapes of Law by Carol J. Greenhouse,Christina L. Davis Pdf

International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering. Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces. Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.

Transnationalisation of Social Rights

Author : Andreas Fischer-Lescano,Kolja Möller
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2016
Category : Human rights
ISBN : 1780683960

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Transnationalisation of Social Rights by Andreas Fischer-Lescano,Kolja Möller Pdf

Migration crisis, food crisis, economic crisis-the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context? Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society? This book scrutinizes both the potentials and the boundaries of de-coupling the notion of "social rights" from the nation-state and of transfering it to the transnational sphere. By drawing on a critical theory of transnational law, it provides an in-depth analysis of the different sites where the struggle for social rights is at stake, such as with the emerging transnational food regime, the ILO, international environmental law, and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine, and relates these aspects to the social and political struggles which surround the transnationalization of social rights. Subject: Human Rights Law]

Transnational Actors in Global Governance

Author : Christer Jönsson,Jonas Tallberg
Publisher : Springer
Page : 274 pages
File Size : 42,9 Mb
Release : 2010-07-21
Category : Political Science
ISBN : 9780230283220

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Transnational Actors in Global Governance by Christer Jönsson,Jonas Tallberg Pdf

The nature of global governance is changing, as are the standards by which we judge its legitimacy. We are witnessing a gradual and partial shift from inter-state co-operation to more complex forms of governance, involving participation by transnational actors, such as NGOs, party associations, philanthropic foundations and corporations.

Authority in Transnational Legal Theory

Author : Roger Cotterrell,Maksymilian Del Mar
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 43,9 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.

Advanced Introduction to Law and Globalisation

Author : Jaakko Husa
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 55,8 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.

Transnational Crime and the Interface Between Legal and Illegal Actors

Author : Antonius Johannes Gerhardus Tijhuis
Publisher : Unknown
Page : 0 pages
File Size : 55,8 Mb
Release : 2006
Category : Antiquities
ISBN : 9058501957

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Transnational Crime and the Interface Between Legal and Illegal Actors by Antonius Johannes Gerhardus Tijhuis Pdf

This study focuses on the interfaces between legal and illegal actors engaging in transnational crimes. These interfaces can be quite complex as the cases of Udo Proksch and Cornelius M. illustrate. Due to this complexity, such cases and the related interfaces cannot be caught easily with clear-cut and mutually excluding categories like 'transnational (organized) crime' versus 'legitimate' businesses and government agencies. The boundaries between transnational crime, terrorism, corporate crime and state crime fade away as one focuses on such concrete cases. As the rest of this study will show, the characteristics of these cases appear to be far more representative of transnational crimes in general than usually assumed. For a number of reasons, a study that focuses solely on interfaces can be an important and necessary addition to the existing criminological studies. The first reason has to do with the mentioned lack of systematic studies of the interfaces between legal and illegal actors. The second reason has to do with the observation mentioned above. By studying interfaces between legal and illegal actors, the rather thin boundaries between transnational crime, corporate crime and other types of crime become clear. Only after these boundaries are crossed, or even leveled, transnational crimes can be understood from a broader perspective. From such a perspective, transnational crimes are always taking place against a specific background of economic factors, state policies and legislation, as well as other factors. Thirdly, a systematic study of interfaces can help to indicate the different types and causes of interfaces that can be found in different types of transnational crime. Finally, as the role of legal actors with all kinds of transnational crimes is clarified, more effective legislative and policy instruments can be designed to counter this role. The first half of this study will be based on the literature on transnational crimes. The second half will describe the empirical research of the illicit art and antiquities trade that was done specifically for this study. The illicit art and antiquities trade was chosen for several reasons. On the one hand because it is a type of crime that is known for its interfaces between legal and illegal actors and on the other hand because empirical studies of this type of crime have been scarce, especially from a criminological perspective.

Legal Positivism in a Global and Transnational Age

Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
Page : 315 pages
File Size : 44,9 Mb
Release : 2019-08-30
Category : Law
ISBN : 9783030247058

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Legal Positivism in a Global and Transnational Age by Luca Siliquini-Cinelli Pdf

A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century

Author : Karl Härter,Tina Hannappel,Conrad Tyrichter
Publisher : Verlag Vittorio Klostermann
Page : 238 pages
File Size : 42,5 Mb
Release : 2019-03
Category : Law
ISBN : 346504391X

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The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century by Karl Härter,Tina Hannappel,Conrad Tyrichter Pdf

The volume contains nine case studies on the recent history of transnational criminal law, having emerged from current international research projects. The papers cover cross-border political crime and security threats, extradition and expulsion, police cooperation and international expert discussions on social crime and torture. The focus is less on event-historical phenomena, but on transnational legal-political interactions of different actors. The contributions thus analyze the historical development of transnational criminal law as a form of temporally, spatially and legally limited criminal law and security regimes. As a result, the volume shows that the investigated transnationalization of criminal law in the 19th and 20th centuries did not lead to a cohesive normative order, thus offering legal-historical interpretations of current problems of international criminal law.

Non-State Actors in World Politics

Author : D. Josselin,W. Wallace
Publisher : Springer
Page : 294 pages
File Size : 51,6 Mb
Release : 2001-10-29
Category : Political Science
ISBN : 9781403900906

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Non-State Actors in World Politics by D. Josselin,W. Wallace Pdf

The involvement of non-state actors in world politics can hardly be characterised as novel, but intensifying economic and social exchange and the emergence of new modes of international governance have given them much greater visibility and, many would argue, a more central role. Non-state Actors in World Politics offers analyses of a diverse range of economic, social, legal (and illegal), old and new actors, such as the Catholic Church, trade unions, diasporas, religious movements, transnational corporations and organised crime.

Law and Legalization in Transnational Relations

Author : Christian Brütsch,Dirk Lehmkuhl
Publisher : Taylor & Francis
Page : 0 pages
File Size : 52,5 Mb
Release : 2007
Category : International agencies
ISBN : 0415423287

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Law and Legalization in Transnational Relations by Christian Brütsch,Dirk Lehmkuhl Pdf

This volume addresses the emergence of multiple legal and law-like arrangements that alter the interaction between states, their delegated agencies, international organizations and non-state actors in international and transnational politics. Political scientists and legal scholars have been addressing the ‘legalization’ of international regimes and international politics, and engaging in interdisciplinary research on the nature, the causes and the effects of the norm driven controls over different areas and dimensions of global governance. Written by leading contributors in the field, the book claims that the emergence and spread of legal and law-like arrangements contributes to the transformation of world politics, arguing that ‘legalization’ does not only mean that states co-operate in more or less precise, binding and independent regimes, but also that different types of non-state actors can engage in the framing, definition, implementation and enforcement of legal and law-like norms and rules. To capture these diverse observations, the volume provides an interpretative framework that includes the increase in international law-making, the variation of legal and legalized regimes and the differentiation of legal and law-like arrangements. Law and Legalization in Transnational Relationsis of interest to students and researchers of international politics, international relations and law.

Non-State Actors in International Law

Author : Math Noortmann,August Reinisch,Cedric Ryngaert
Publisher : Bloomsbury Publishing
Page : 424 pages
File Size : 44,6 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781509901852

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Non-State Actors in International Law by Math Noortmann,August Reinisch,Cedric Ryngaert Pdf

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.

International Criminal Law—A Counter-Hegemonic Project?

Author : Florian Jeßberger,Leonie Steinl,Kalika Mehta
Publisher : Springer Nature
Page : 283 pages
File Size : 47,6 Mb
Release : 2022-11-25
Category : Law
ISBN : 9789462655515

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International Criminal Law—A Counter-Hegemonic Project? by Florian Jeßberger,Leonie Steinl,Kalika Mehta Pdf

This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.

Critical International Law

Author : Prabhakar Singh,Benoît Mayer
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 45,6 Mb
Release : 2014
Category : Law
ISBN : 0199450633

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Critical International Law by Prabhakar Singh,Benoît Mayer Pdf

"Generally perceived as a means to organize relations between nations, international law could also become a critical lens in understanding the nature and function of the world order. A number of researchers have worked in this area, unearthing its paradoxes and discursive terrains through a range of issues like globalization, environment, human rights, and investment laws. With contributions by established as well as promising scholars across the globe, this work explores the numerous issues that currently confront international law. The essays deliberate on both theories of international law and issues of interpretation. Three main streams representing critical international law have been identified. While Postrealism discusses international law and international politics, Postcolonialism grapples with the understanding of international vis-à-vis decolonized countries informed by sociology, philosophy, and history. Transnationalism displaces states as the primary makers of international law to include non-state actors in global governance. Discernment is an essential element in legal studies; in this light the present volume raises more questions than it answers, but attempts to evaluate problems from multiple perspectives"--Unedited summary from book jacket.

Non-state Actors in World Politics

Author : Daphne Josselin,William Wallace
Publisher : Palgrave Macmillan
Page : 294 pages
File Size : 49,9 Mb
Release : 2001
Category : Political Science
ISBN : 0333961250

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Non-state Actors in World Politics by Daphne Josselin,William Wallace Pdf

The involvement of non-state actors in world politics can hardly be characterized as novel, but intensifying economic and social exchange and the emergence of new modes of international governance have given them much greater visibility and, many would argue, a more central role. "Non-State Actors in World Politics" analyzes a diverse range of economic, social, legal (and illegal), old and new actors, such as the Catholic Church, trade unions, diasporas, religious movements, transnational corporations and organized crime.