Transnational Legal Orders

Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Format: PDF, Docs
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"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"--

Constitution Making and Transnational Legal Order

Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9781108473101
Format: PDF
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Since the rise of the nation-state in the 19th century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution making in every region of the world.

Transnational Legal Processes

Author: Michael Likosky
Publisher: Cambridge University Press
ISBN: 9780406946744
Format: PDF, Mobi
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24 linked essays by leading scholars in international law and the social sciences.

Authority in Transnational Legal Theory

Author: Roger Cotterrell
Publisher: Edward Elgar Publishing
ISBN: 1784711624
Format: PDF, Mobi
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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.

Transnational Legal Ordering and State Change

Author: Gregory C. Shaffer
Publisher: Cambridge University Press
ISBN: 1107026113
Format: PDF, Kindle
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Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.

Dealing in Virtue

Author: Yves Dezalay
Publisher: University of Chicago Press
ISBN: 9780226144238
Format: PDF, Mobi
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With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.

Mirages of International Justice

Author: Matthew Parish
Publisher: Edward Elgar Publishing
ISBN: 0857931180
Format: PDF, ePub
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Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.

Gender Stereotyping

Author: Rebecca Cook
Publisher: University of Pennsylvania Press
ISBN: 0812221621
Format: PDF, Kindle
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Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations. According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.

SOZIOLOGISCHE JURISPRUDENZ

Author: Gralf-Peter Calliess
Publisher: Walter de Gruyter
ISBN: 3899495012
Format: PDF, ePub, Mobi
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The commemorative publication Sociological Jurisprudence adheres in content and form to the tradition of Gunther Teubner s body of work. The contributions engage themselves with his principle outlook by reflecting upon the relationships between law and society, each with its own distinct emphasis. "