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Authority In Transnational Legal Theory
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Book Synopsis Authority in Transnational Legal Theory by : Roger Cotterrell
Download or read book Authority in Transnational Legal Theory written by Roger Cotterrell and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Authorities written by Nicole Roughan and published by Oxford University Press. This book was released on 2013-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of 'relative authority.' This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.
Book Synopsis Beyond Territoriality by : Gunther Handl
Download or read book Beyond Territoriality written by Gunther Handl and published by Martinus Nijhoff Publishers. This book was released on 2012-10-23 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.
Book Synopsis Beyond Territoriality by : Gunther Handl
Download or read book Beyond Territoriality written by Gunther Handl and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Authorities written by Nicole Roughan and published by OUP Oxford. This book was released on 2013-10-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interactions between state, international, transnational, and intra-state law involve overlapping, and sometimes conflicting, claims to legitimate authority. This has led scholars to new theoretical explanations of sovereignty, constitutionalism, and legality, but there has been little treatment of authority itself. This book asks whether, and under what conditions, there can be multiple legitimate authorities with overlapping or conflicting domains. Can legitimate authority be shared between state, supra-state, and non-state actors, and if so, how should they relate to one another? Roughan argues that understanding authority in contemporary pluralist circumstances requires a new conception of relative authority, and a new theory of its legitimacy. The theory of relative authority treats the interdependence of authorities, and the relationships in which they are engaged, as critical to any assessment of their legitimacy. It offers a tool for evaluating inter-authority relationships prevalent in international, transnational, state, and non-state constitutional practice, while suggesting significant revisions to the idea that law, in general or even by necessity, claims to have legitimate authority.
Book Synopsis The Authority of International Law by : Başak Cali
Download or read book The Authority of International Law written by Başak Cali and published by Oxford University Press, USA. This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a nuanced and realistic account of the authority of international law, this book discusses whether international law is obeyed, and the type of duties it imposes on the state. Through a review of present accounts ranging from the mainstream to extra-disciplinary, the extent of authority is explored.
Book Synopsis Private Power and Global Authority by : A. Claire Cutler
Download or read book Private Power and Global Authority written by A. Claire Cutler and published by Cambridge University Press. This book was released on 2003-08-14 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, the author develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, she illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.
Book Synopsis Transnational Law by : Philip Caryl Jessup
Download or read book Transnational Law written by Philip Caryl Jessup and published by . This book was released on 1956 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis In Whose Name? by : Armin von Bogdandy
Download or read book In Whose Name? written by Armin von Bogdandy and published by International Courts and Tribu. This book was released on 2014 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.
Book Synopsis Rule of Law and Areas of Limited Statehood by : Linda Hamid
Download or read book Rule of Law and Areas of Limited Statehood written by Linda Hamid and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.
Book Synopsis The Future of International Law by : Joel P. Trachtman
Download or read book The Future of International Law written by Joel P. Trachtman and published by Cambridge University Press. This book was released on 2013-02-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.
Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transnational Legal Ordering of Criminal Justice by : Gregory Shaffer
Download or read book Transnational Legal Ordering of Criminal Justice written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2020-07-02 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen
Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
Book Synopsis The Power of Law in a Transnational World by : Franz von Benda-Beckmann
Download or read book The Power of Law in a Transnational World written by Franz von Benda-Beckmann and published by Berghahn Books. This book was released on 2012 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.
Book Synopsis Reconfigurations of Authority, Power and Territoriality by : Rosow, Stephen J.
Download or read book Reconfigurations of Authority, Power and Territoriality written by Rosow, Stephen J. and published by Edward Elgar Publishing. This book was released on 2022-07-19 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expansive and engaging, this book investigates the fluidity of sites of power and authority in global politics. Examining the key shifts and turns of politics in globally oriented spaces since the end of the Cold War, contributions from leading scholars explore the continually shifting parameters of global governance.
