The Limits Of Transnational Law
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The Limits Of Transnational Law
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Author : Hélène Lambert
language : en
Publisher: Cambridge University Press
Release Date : 2010-03-18
The Limits Of Transnational Law written by Hélène Lambert 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 2010-03-18 with Law categories.
A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.
The Limits Of Transnational Law
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Author : Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill
language : en
Publisher:
Release Date : 2014-05-14
The Limits Of Transnational Law written by Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Asylum, Right of categories.
A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.
The Limits Of International Law
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Author : Jack L. Goldsmith
language : en
Publisher: Oxford University Press
Release Date : 2005-02-03
The Limits Of International Law written by Jack L. Goldsmith 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 2005-02-03 with Law categories.
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
The Limits Of Leviathan
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Author : Robert E. Scott
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-14
The Limits Of Leviathan written by Robert E. Scott 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 2006-08-14 with Law categories.
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.
Transnational Law And State Transformation
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Author : Jennifer Lander
language : en
Publisher: Routledge
Release Date : 2019-11-07
Transnational Law And State Transformation written by Jennifer Lander and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-07 with Business & Economics categories.
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.
Transnational Legal Orders
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-19
Transnational Legal Orders written by Terence C. Halliday 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 2015-01-19 with Business & Economics categories.
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.
Limits Of Supranational Justice
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Author : Dilek Kurban
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-12
Limits Of Supranational Justice written by Dilek Kurban 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 2020-11-12 with Law categories.
A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.
Transnational Legal Ordering And State Change
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Author : Gregory C. Shaffer
language : en
Publisher: Cambridge University Press
Release Date : 2014-08-21
Transnational Legal Ordering And State Change written by Gregory C. Shaffer 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 2014-08-21 with Law categories.
Law can no longer be viewed through a purely national lens. Transnational legal ordering affects the boundary of the state and the market, the allocation of power among national institutions, the role of professions and their expertise, and associational patterns that provide new normative frames. This book breaks new ground for understanding the impacts of transnational legal ordering within nation-states in today's globalized world. The book addresses the different dimensions of state change at stake and the factors that determine these impacts. It brings together leading scholars from sociology and law who study the effects of transnational legal ordering within different countries. Their case studies illustrate how transnational legal ordering interacts with national law and institutions in different regulatory areas, and cover anti-money laundering, bankruptcy, competition, education, intellectual property, health, and municipal water law and policy in different countries. The book explains the extent and limits of transnational legal ordering in today's world.
Facing The Limits Of The Law
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Author : Erik Claes
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-04-21
Facing The Limits Of The Law written by Erik Claes and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-21 with Law categories.
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Authority In Transnational Legal Theory
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Author : Roger Cotterrell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-09-30
Authority In Transnational Legal Theory written by Roger Cotterrell 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 2016-09-30 with Law categories.
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.