Global Order Beyond Law

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Global Order Beyond Law
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Author : Thomas Dietz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Global Order Beyond Law written by Thomas Dietz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Beyond Compliance
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Author : Ann E. Kent
language : en
Publisher: Stanford University Press
Release Date : 2007
Beyond Compliance written by Ann E. Kent and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Political Science categories.
This book analyzes China's interactions with leading international organizations, and concludes that international engagement is the key to the gradual socialization of "rogue" states.
Governance Beyond The Law
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Author : Abel Polese
language : en
Publisher: Springer
Release Date : 2019-03-29
Governance Beyond The Law written by Abel Polese and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-29 with Political Science categories.
This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations. The authors classify them as alternative, subversive forms of governance performed by marginal (and often invisible) peripheral actors. The volume studies how the informal and the extra-legal unfold transnationally and, in particular, how and why they have been/are being progressively criminalized and integrated into the construction of global and local dangerhoods; how the above-mentioned phenomena are embedded into a post-liberal security order; and whether they shape new states of exception and generate moral panic whose ultimate function is regulatory, disciplinary and one of crafting practices of political ordering.
The Normative Order Of The Internet
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Author : Matthias C. Kettemann
language : en
Publisher: Oxford University Press
Release Date : 2020
The Normative Order Of The Internet written by Matthias C. Kettemann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Beyond Law And Development
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Author : Sam Adelman
language : en
Publisher: Routledge
Release Date : 2022-04-27
Beyond Law And Development written by Sam Adelman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-27 with Law categories.
The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.
On Global Order
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Author : University Lecturer in International Relations and Fellow Andrew Hurrell
language : en
Publisher: Oxford University Press
Release Date : 2007-11-08
On Global Order written by University Lecturer in International Relations and Fellow Andrew Hurrell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-08 with Political Science categories.
A clear and wide-ranging introduction to the analysis of global political order. The book offers engaging answers to the key questions of contemporary world politics. A landmark study.
Lawyers Beyond Borders
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Author : Maria Armoudian
language : en
Publisher: University of Michigan Press
Release Date : 2021-09-07
Lawyers Beyond Borders written by Maria Armoudian and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-07 with Law categories.
How American human rights lawyers fight for justice in U.S. Courts for international victims of violence
Global Legal Pluralism
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Author : Paul Schiff Berman
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27
Global Legal Pluralism written by Paul Schiff Berman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-27 with Law categories.
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Entangled Legalities Beyond The State
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Author : Nico Krisch
language : en
Publisher:
Release Date : 2022
Entangled Legalities Beyond The State written by Nico Krisch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Conflict of laws categories.
"The series provides unique perspectives on the way globalization is radically altering the study, discipline, and practice of law. Featuring innovative books in this growing field, the series explores those bodies of law which are becoming global in their application, and the newly emerging interdependency and interaction of different legal systems. It covers all major branches of the law and includes work on legal theory, history, and the methodology of legal practice and jurisprudence under conditions of globalization. Offering a major platform on global law, these books provide essential reading for students and scholars of comparative, international, and transnational law"--
Peace Operations And Global Order
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Author : Alex J. Bellamy
language : en
Publisher: Routledge
Release Date : 2014-01-02
Peace Operations And Global Order written by Alex J. Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-02 with History categories.
Peacekeeping in Global Politics investigates the changing role of peacekeeping and competing perspectives about what that role should be. It begins by addressing broad issues connected with the transition from a Westphalian to post-Westphalian international society, the ethical and legal dilemmas provoked by armed intervention, and the alternative ways of conceptualising the role that peacekeeping plays. It goes on to critically chart the development of 'traditional' peacekeeping before outlining how the role of force in peacekeeping operations has changed and the close links between peacekeeping, conflict prevention and conflict resolution. The final part of the volume focuses specifically on globalization and the effects that this has had on peacekeeping practices. In particular, it focuses on the changing conflict environment, the growing tendency towards subcontracting peacekeeping duties, and the development of regional peacekeeping capabilities. Overall, this volume makes two contributions to the way we think about peacekeeping: first it demonstrates that the theory and practice of peacekeeping is embedded in global politics and second it shows that there an on-going debate about what peacekeeping is for.