Judicial System Transformation In The Globalizing World
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Judicial System Transformation In The Globalizing World
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Author : Tae-gwŏn Chʻoe
language : en
Publisher: 서울대학교출판부
Release Date : 2007
Judicial System Transformation In The Globalizing World written by Tae-gwŏn Chʻoe and has been published by 서울대학교출판부 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil law categories.
Law And Justice In A Globalized World
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Author : Harkristuti Harkrisnowo
language : en
Publisher: CRC Press
Release Date : 2017-11-14
Law And Justice In A Globalized World written by Harkristuti Harkrisnowo and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-14 with Social Science categories.
The book consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms. This reconfirms the idea that the legal system is extremely important in the global world. This book provides new insights and new horizons on how law and justice took part in globalizing human interaction, especially in the Asia-Pacific region.
Judicial Decision Making In A Globalised World
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Author : Elaine Mak
language : en
Publisher: A&C Black
Release Date : 2014-07-04
Judicial Decision Making In A Globalised World written by Elaine Mak and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-04 with Law categories.
Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
The Politics Of The Globalization Of Law
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Author : Alison Brysk
language : en
Publisher: Routledge
Release Date : 2013-05-02
The Politics Of The Globalization Of Law written by Alison Brysk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Political Science categories.
How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.
The Functional Transformation Of Courts
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Author : Jiunn-rong Yeh
language : en
Publisher: V&R Unipress
Release Date : 2015-11-18
The Functional Transformation Of Courts written by Jiunn-rong Yeh and has been published by V&R Unipress this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-18 with Science categories.
The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies – Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes to place checks and balances with political powers and safeguard individual rights and freedoms. This book looks into court's function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.
Globalizing Institutions
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Author : Jane Jenson
language : en
Publisher: Routledge
Release Date : 2018-02-06
Globalizing Institutions written by Jane Jenson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Political Science categories.
This title was first published in 2000: The contributors to this fully documented volume address the debate surrounding the nature, impact and desirability of the complex set of phenomena collectively referred to as 'globalization'. The book breaks new ground by showing globalization in a wide range of areas, including national and transnational corporations, welfare policies, adoption, gendered politics and democratic institutions, citizenship, religion and judicial systems. It is also a truly international volume, including studies from North and South America, Africa and Europe. The book illustrates how globalization entails localization and is best explored through the analysis of institutions. It will be of particular interest to political scientists, sociologists, lawyers and anyone interested in the continual processes of global change.
Highest Courts And Globalisation
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Author : Sam Muller
language : en
Publisher: Hague Academic Press
Release Date : 2010
Highest Courts And Globalisation written by Sam Muller and has been published by Hague Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
One of the main tasks of highest courts is the maintenance of legal coherency within the national legal system. Highest courts should also observe national legislation to be in conformity with the constitution and international treaties. In the internationalising world of today, societies and legal systems increasingly interact. This has consequences for highest national courts which also increasingly interact with each other. The authors in this book investigate the implications of these phenomena for theory and practice. As leading scholars and distinguished judges they offer a unique and unprecedented perspective on the issue of highest courts and globalisation. This book is therefore highly recommended to judges and practitioners in national and international courts, academics, parliamentarians and civil servants of national ministries of justice and the interior. Law of the Future Conferences ‘Law of the Future’ is the top level international and multidisciplinary conference series initiated by The Hague Institute for the Internationalisation of Law (HiiL). These conferences explore how law is changing and should change under the pressure of globalisation and internationalisation, and how the roles of international actors and stakeholders will or must change as a consequence. The ‘Law of the Future’ conference series bridges practice and academia. The Changing Role of Highest Courts in an Internationalising World was the theme of the October 2008 Law of the Future Conference, which was held in The Hague, The Netherlands.
Climate Change Litigation Global Perspectives
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Author : Ivano Alogna
language : en
Publisher: BRILL
Release Date : 2021-04-26
Climate Change Litigation Global Perspectives written by Ivano Alogna and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-26 with Law categories.
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Global Justice Human Rights And The Modernization Of International Law
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Author : Riccardo Pisillo Mazzeschi
language : en
Publisher: Springer
Release Date : 2018-07-27
Global Justice Human Rights And The Modernization Of International Law written by Riccardo Pisillo Mazzeschi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.
China And Globalization
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Author : Doug Guthrie
language : en
Publisher: Taylor & Francis
Release Date : 2006
China And Globalization written by Doug Guthrie and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Business & Economics categories.
China and Globalizationis a compact, highly readable introductory text on contemporary China and the massive changes it is presently undergoing. It focuses primarily on how economic structural change is driving the processes, but discusses many other issues as well--politics, social change, reform, international economics, and cultural change. In its quarter-century long shift from communism to capitalism, China has transformed from a desperately poor nation into a country possessing one of the fastest-growing and largest economies in the world. Doug Guthrie covers the social, economic, and political factors responsible for the revolutionary changes, and interweaves this broader structural analysis with a consideration of social changes at the micro and macro levels. The book also considers the potential for further change. Will China become more democratic? Will the government become more serious about protecting human rights and creating a transparent legal system? How will China's explosive growthimpact both East Asia and the larger global economy? In sum, this will be a sophisticated, definitive yet compact overview of the effects of massive social, economic, and political reforms on the most populous nation in the world. Books in this series look at how nations and regions across the world are navigating the tumultuous currents of globalization. Concise, descriptive, interdisciplinary, and theoretically informed, they serve as ideal introductions to the peoples and places of our increasingly globalized world.