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Law Development And Regulatory Globalisation


Law Development And Regulatory Globalisation
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Law Development And Regulatory Globalisation


Law Development And Regulatory Globalisation
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Author : Adithya Chintapanti
language : en
Publisher:
Release Date : 2024

Law Development And Regulatory Globalisation written by Adithya Chintapanti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Economic development projects categories.


"Exploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions. Adopted by over 80 developing jurisdictions, the World Bank's 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank's template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome. Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries"--



The Law Of Globalization


The Law Of Globalization
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Author : Laurence Boulle
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

The Law Of Globalization written by Laurence Boulle and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.


There is a growing clamour - particularly from the main beneficiaries of globalization - that rules need to be established to govern the international economy, with a specific focus on questions such as copyright violations, trade sanctions and protections for foreign investment. Those who perceive they are disadvantaged by globalization demand other legal protections in relation to employment, cultural traditions and the environment.



Globalisation And Natural Resources Law


Globalisation And Natural Resources Law
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Author : Elena Blanco
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01

Globalisation And Natural Resources Law written by Elena Blanco and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.


'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.



International Economic Law Globalization And Developing Countries


International Economic Law Globalization And Developing Countries
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Author : Julio Faundez
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010

International Economic Law Globalization And Developing Countries written by Julio Faundez and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.


This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.



Global Administrative Law


Global Administrative Law
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Author : Hugh Corder
language : en
Publisher: Juta and Company Ltd
Release Date : 2009

Global Administrative Law written by Hugh Corder and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.


Global Administrative Law: Innovation and Development (first published as Acta Juridica 2009) brings together papers given at a workshop held in Cape Town in March 2008 - a joint venture between the New York University Law School and the Faculty of Law at the University of Cape Town. The papers critically explore the concept of Global Administrative Law in theory and its relevance to developing countries; the efficacy of regulatory regimes focused on international trade and finance; and recent developments in the crucially important area of intellectual property law. The lessons learned in the process will inform intellectual debate and assist in the development of practical measures in pursuit of the good governance of global power through the law.



Trade Law Domestic Regulation And Development


Trade Law Domestic Regulation And Development
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Author : Joel P Trachtman
language : en
Publisher: World Scientific
Release Date : 2015-04-08

Trade Law Domestic Regulation And Development written by Joel P Trachtman and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-08 with Business & Economics categories.


Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development.In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, 'The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune.'



Regulation In Asia


Regulation In Asia
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Author : John Gillespie
language : en
Publisher: Routledge
Release Date : 2009-06-08

Regulation In Asia written by John Gillespie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-08 with Law categories.


Unlike much analysis about regulation in Asia which focuses on globalisation and the transplant effect, leaving domestic influence over commercial regulation under-researched and under-theorized, this book focuses on how local actors influence regulatory change. It explores the complex economic and regulatory factors that generate social demand for state regulation and shows how local networks, courts, democratic processes and civil society have a huge influence on regulatory systems. It examines the particular circumstances in a wide range of Asian countries, provides transnational comparisons and comparisons with Western countries, and assesses how far local regulatory regimes increase economic value and convey competitive advantages.



Governance Through Development


Governance Through Development
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Author : Celine Tan
language : en
Publisher: Routledge
Release Date : 2011-03-17

Governance Through Development written by Celine Tan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-17 with Law categories.


Governance through Development locates the Poverty Reduction Strategy Paper (PRSP) framework within the broader context of international law and global governance, exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it. The PRSP framework has replaced the controversial structural adjustment programmes, as the primary mechanism through which official development financing is channelled to low-income developing countries. It has changed the regulatory landscape of international development financing, signalling a wider paradigmatic shift in the cartography of aid and, consequently, in the nature of north-south relations. Governance through Development documents and analyses this change within the legacy of postcolonial economic relations, revealing the wider legal, economic and geo-political significance of the PRSP framework. Celine Tan argues that the PRSP framework establishes a new regulatory regime that builds upon the disciplinary project of structural adjustment by embedding neoliberal economic conditionalities within a regime of domestic governance and public policy reform. The book will be of interest to scholars, researchers and students of law, political science and international relations, sociology and development studies.



Transnational Business Law


Transnational Business Law
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Author : Rumu Sarkar
language : en
Publisher:
Release Date : 2003

Transnational Business Law written by Rumu Sarkar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.


In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar, whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. Transnational Business Law shows that the decisions and strategies of lawyers involved in the hectic daily routines of creating and executing cross-border transactions can serve the best interests not only of their businesses but of economic development as well. In essence, this is a classic international business transactions handbook, with the overarching dimension of development law added. It offers detailed principles for structuring transactions, negotiating the underlying finance and related documents, and navigating dispute resolution mechanisms. It provides annotated forms, negotiating exercises, hypothetical examples, and actual case summaries and analyses. It presents economic development issues as they arise in such areas of activity as the following: cross-border financing of goods and services, technology transfers, and intellectual capital; structuring cross-border transactions through private equity, corporate debt, and multilateral development bank financing; managing commercial risks; negotiating debt work-outs for non-performing loans; mitigating non-commercial risks through credit enhancement strategies such as obtaining political risk insurance; and contracting for arbitration or other dispute resolution methods. Important factors such as 'long-arm' U.S. law, international legal regulation of business conduct, and relevant underlying local law and local legal traditions are all brought to bear on the issues when appropriate. Transnational Business Law will be especially useful to practitioners in developing countries whose legal decisions in relation to cross-border transactions often involve critical economic and political ramifications. Through her detailed exploration of how international transactions unfold within the context of economic development, Professor Sarkar greatly enhances the growth of a commitment among the international business community to achieve mutually constructive ways to conduct business between developed and developing countries.



The Law And Economics Of Globalisation


The Law And Economics Of Globalisation
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Author : Linda Y. Yueh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01

The Law And Economics Of Globalisation written by Linda Y. Yueh and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Political Science categories.


The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization. American Society of International Law This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all academics and policy-makers working on global affairs. Alan Winters, University of Sussex, Chief Economist, UK Department for International Development and Former Head of Research, the World Bank This inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and international political economy. The authors shed new light on the legal, economic and institutional issues raised by globalisation, extending into areas previously considered as national issues. They discuss how the development of the norms, institutions and reach of the global system will be influenced by the domestic and international concerns arising from the increasing integration of countries in the new century. With contributions from lawyers, economists and other experts in the field, this book will be welcomed by academics, students, researchers, and policymakers who are interested in a comprehensive volume on economic globalisation. It will also appeal to a wider audience, such as executive education courses, as well as business and law schools.