Transnational Law And State Transformation
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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.
Global Constitutionalism And The Path Of International Law
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Author : Surendra R. Bhandari
language : en
Publisher: BRILL
Release Date : 2016-05-04
Global Constitutionalism And The Path Of International Law written by Surendra R. Bhandari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-04 with Law categories.
Global Constitutionalism and the Path of International Law offers an account of the most important growth and features of international law in the form of global constitutionalism. This book demonstrates how global constitutionalism is shaping the path of international law.
Transnational Legal Ordering And State Change
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Author : Gregory C. Shaffer
language : en
Publisher: Cambridge University Press
Release Date : 2013
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 2013 with Law categories.
Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.
Rough Consensus And Running Code
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Author : Gralf-Peter Calliess
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-05-31
Rough Consensus And Running Code written by Gralf-Peter Calliess and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-31 with Law categories.
Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.
The Many Lives Of Transnational Law
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Author : Peer Zumbansen
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-02
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 2020-04-02 with Law categories.
Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
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 Law categories.
"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--
International Law And Domestic Legal Systems
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Author : Dinah Shelton
language : en
Publisher: Oxford University Press
Release Date : 2011-09-29
International Law And Domestic Legal Systems written by Dinah Shelton 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 2011-09-29 with Law categories.
By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.
Governing Borderless Threats
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Author : Shahar Hameiri
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-16
Governing Borderless Threats written by Shahar Hameiri 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 2015-07-16 with Business & Economics categories.
'Non-traditional', border-spanning security problems pervade the global agenda. This is the first book that systematically explains how they are managed.
The Evolution And Transformation Of International Law
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Author : Max Hilaire
language : en
Publisher: Logos Verlag Berlin GmbH
Release Date : 2021-12-17
The Evolution And Transformation Of International Law written by Max Hilaire and has been published by Logos Verlag Berlin GmbH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-17 with Law categories.
Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter
Transnational Law And Practice
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Author : Donald Earl Childress III
language : en
Publisher: Aspen Publishing
Release Date : 2020-09-15
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 2020-09-15 with Law categories.
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.