Transnational Law And Local Struggles
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Transnational Law And Local Struggles
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Author : David Szablowski
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-01-29
Transnational Law And Local Struggles written by David Szablowski and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-29 with Law categories.
The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.
Transnational Law And Practice
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Author : Donald Earl Childress III
language : en
Publisher: Aspen Publishing
Release Date : 2022-10-27
Transnational Law And Practice written by Donald Earl Childress III and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.
Transnational Law
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Author : Alfred C. Aman (Jr.)
language : en
Publisher:
Release Date : 2017
Transnational Law written by Alfred C. Aman (Jr.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Conflict of laws categories.
This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law -- national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power. The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures. Transnational Law is arranged in three parts. Part I ("Governance through treaties and agreements") considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II ("Governance through codes and contracts") takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III ("Governance through government") considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.--
Transnational Legal Activism In Global Value Chains
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Author : Miriam Saage-Maaß
language : en
Publisher: Springer Nature
Release Date : 2021-08-01
Transnational Legal Activism In Global Value Chains written by Miriam Saage-Maaß and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-01 with Law categories.
This open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
Transnational Law
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Author : Michael W. Dowdle
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-08
Transnational Law written by Michael W. Dowdle 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 2022-09-08 with Law categories.
Globalisation impacts every aspect of modern society and today's law graduates are expected to deal with complex legal problems that require knowledge and training that goes beyond domestic law. This textbook provides an overview of how law is becoming increasingly transnational, facilitating theoretical and practical engagement with transnational legal institutions and phenomena. It advances an analytic framework that will help students to understand what to look for when they encounter transnational legal institutions and practices, and what are the practical and normative implications of their findings. By considering both the theory and practice of transnational law and taking a discursive approach to the material, students are encouraged to arrive at their own conclusions. Adopting interdisciplinary techniques and using case studies from around the world, this book offers a holistic, balanced exploration of a new and emerging discipline.
Transnational Law
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Author : Alfred C. Aman, Jr.
language : en
Publisher:
Release Date : 2017-08-17
Transnational Law written by Alfred C. Aman, Jr. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-17 with Conflict of laws categories.
This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law — national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power. The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures. Transnational Law is arranged in three parts. Part I (“Governance through treaties and agreements”) considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II (“Governance through codes and contracts”) takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III (“Governance through government”) considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.--
Transnational Law Contemporary Problems
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Author :
language : en
Publisher:
Release Date : 2008
Transnational Law Contemporary Problems written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with International law categories.
The Oxford Handbook Of Transnational Law
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Author : Peer Zumbansen
language : en
Publisher: Oxford University Press
Release Date : 2021
The Oxford Handbook Of Transnational Law written by Peer Zumbansen 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 2021 with Law categories.
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Transnational Legal Processes
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Author : Michael Likosky
language : en
Publisher: Cambridge University Press
Release Date : 2002-04
Transnational Legal Processes written by Michael Likosky 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 2002-04 with Law categories.
This work comprises 24 linked essays by leading transatlantic scholars in international law and the social sciences examining the sociolegal aspects of multi-jurisdictional legal techniques and trans-jurisdictional social phenomena. The contributors bring a range of disciplinary expertises including anthropology, economics, law and sociology to bear on key questions raised by transnational legal processes. The pieces explore legal developments in multiple territories including Africa, Asia, Latin America and the United States. The volume is designed as a general reader for courses on law and globalisation and related studies. The collection is made up of four parts, each addressing a central theme in transnational law and legal action (law-making and compliance), human rights, commerce and governance. The essays discuss such diverse problems as: the role of foreign actors in the ethnic conflicts of Kosovo and Rwanda; the power the United States and the UK wield over international capital markets; and the adaptability of existing public international law to deal with the challenges wrought by globalisation.
The Many Lives Of Transnational Law
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Author : Peer Zumbansen
language : en
Publisher: Cambridge University Press
Release Date : 2020-02-29
The Many Lives Of Transnational Law written by Peer Zumbansen 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 2020-02-29 with Law categories.
In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today.