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Constitutionalizing Economic Globalization
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Book Synopsis Constitutionalizing Economic Globalization by : David Schneiderman
Download or read book Constitutionalizing Economic Globalization written by David Schneiderman and published by Cambridge University Press. This book was released on 2008-03-27 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Book Synopsis Constitutionalizing Economic Globalization by : David Schneiderman
Download or read book Constitutionalizing Economic Globalization written by David Schneiderman and published by Cambridge University Press. This book was released on 2008-03-27 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions - between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Book Synopsis The Constitutionalization of the Global Corporate Sphere? by : Grahame F. Thompson
Download or read book The Constitutionalization of the Global Corporate Sphere? written by Grahame F. Thompson and published by OUP Oxford. This book was released on 2012-10-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the advent of globalization - where corporate organizations and the commercial relations that accompany them are argued to be becoming increasingly transnational - the locus of powers, authorities, and responsibilities has shifted to the global level. The nation-state arena is losing its capacity to regulate and control commercial processes and practices as a transformational logic kicks-in, associated with new forms of global rule-making and governance. It is this new arena of global rule-making that can be considered as a surrogate form of global constitutionalization, or 'quasi-constitutionalization'. But as might be expected, this surrogate process of constitutionalization is not a coherent system or set of rounded outcomes but full of contradictory half-finished currents and projects: an 'assemblage' of many disparate advances and often directionless moves - almost an accidental coming together of elements. It is this assemblage that is to be investigated and unbundled by the analysis of the book. The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level. It analyses how we should characterize the process that has seen the international corporate arena increasingly subject to juridical and constitutional-like regulatory initiatives and interventions and whether this amounts to a new attempt to subject international commercial relations to the 'rule of law' and, indeed, to rule the world through these very means.
Book Synopsis Multinationals and the Constitutionalization of the World Power System by : Jean-Philippe Robe
Download or read book Multinationals and the Constitutionalization of the World Power System written by Jean-Philippe Robe and published by Routledge. This book was released on 2016-06-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
Book Synopsis Resisting Economic Globalization by : D. Schneiderman
Download or read book Resisting Economic Globalization written by D. Schneiderman and published by Springer. This book was released on 2013-05-15 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behaviour, dissatisfaction has precipitated acts of resistance in various parts of the world. Resisting Economic Globalization explores the magnitude of the legal constraints imposed by these rules and institutions associated with the worldwide spread of neoliberalism. Much contemporary theorizing has given up on national states as a locus for countering the harmful effects of economic globalization. Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines. Structured as a series of encounters with selected critical theorists, the book contrasts theoretical diagnoses with recent episodes of resistance impeding investment law edicts. This novel approach tests contemporary hypotheses offered by leading political and legal theorists about the nature of power and the role of states and social movements in facilitating and undoing neoliberalism's legal edifices. As a consequence, the foundations of transnational legality become more apparent and the mechanisms for change more transparent.
Book Synopsis Efficiency, Equity, and Legitimacy by : Roger B. Porter
Download or read book Efficiency, Equity, and Legitimacy written by Roger B. Porter and published by Rowman & Littlefield. This book was released on 2004-06-23 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Center for Business and Government at Harvard University publication The multilateral trading system stands at a crossroads. Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. These essays by leading scholars and trade officials honor Raymond Vernon, one of the architects of the international economic institutions established following the Second World War. The book examines several key issues at the heart of the debate over the multilateral trading system. What are the global efficiency gains from further liberalization? How can efficiency gains be maximized while respecting legitimate claims to sovereignty? Is the trading system affording an equitable distribution of benefits between countries and among various groups within societies? Does civil society have a role in the trading system? What role should the World Trade Organization and its dispute settlement procedures play in resolving disputes and enhancing legitimacy?
Book Synopsis The Globalization of Human Rights by : Jean-Marc Coicaud
Download or read book The Globalization of Human Rights written by Jean-Marc Coicaud and published by Brookings Institution Press. This book was released on 2003 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: International efforts to construct a set of standardised human rights guidelines are based upon the identification of agreed key values regarding the relationships between individuals and the institutions governing them, which are viewed as critical to the well-being of humanity and the character of being human. This publication considers these issues of justice at the national, regional, and international levels by analysing civil, political, economic and social rights aspects.
Book Synopsis Constitutional Review and International Investment Law by : David Schneiderman
Download or read book Constitutional Review and International Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2024-07-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are courts resisting the rise of legal limitations to state action caused by investment treaty commitments? This book pioneers a unique analysis of both investment law and comparative constitutional law by examining how a selection of the highest courts around the world have addressed this potential discord.
Book Synopsis The Global Debate Over Constitutional Property by : Gregory S. Alexander
Download or read book The Global Debate Over Constitutional Property written by Gregory S. Alexander and published by University of Chicago Press. This book was released on 2006-07-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security necessary to make democracy possible. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually treats property. A society’s traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries—particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.
Book Synopsis Comparative Constitutional Law by : Tom Ginsburg
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Book Synopsis The Financial Crisis in Constitutional Perspective by : Poul F Kjaer
Download or read book The Financial Crisis in Constitutional Perspective written by Poul F Kjaer and published by Bloomsbury Publishing. This book was released on 2011-07-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Book Synopsis Constitutionalizing World Politics by : Karolina M. Milewicz
Download or read book Constitutionalizing World Politics written by Karolina M. Milewicz and published by Cambridge University Press. This book was released on 2020-07-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
Book Synopsis Constitutional Fragments by : Gunther Teubner
Download or read book Constitutional Fragments written by Gunther Teubner and published by Oxford University Press. This book was released on 2012-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
Book Synopsis Constitutional Rights after Globalization by : Gavin Anderson
Download or read book Constitutional Rights after Globalization written by Gavin Anderson and published by Bloomsbury Publishing. This book was released on 2005-05-11 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Rights after Globalization juxtaposes the globalization of the economy and the worldwide spread of constitutional charters of rights. The shift of political authority to powerful economic actors entailed by neo-liberal globalization challenges the traditional state-centred focus of constitutional law. Contemporary debate has responded to this challenge in normative terms, whether by reinterpreting rights or redirecting their ends, e.g. to reach private actors. However, globalization undermines the liberal legalist epistemology on which these approaches rest, by positing the existence of multiple sites of legal production, (e.g. multinational corporations) beyond the state. This dynamic, between globalization and legal pluralism on one side, and rights constitutionalism on the other, provides the context for addressing the question of rights constitutionalism's counterhegemonic potential. This shows first that the interpretive and instrumental assumptions underlying constitutional adjudication are empirically suspect: constitutional law tends more to disorder than coherence, and frequently is an ineffective tool for social change. Instead, legal pluralism contends that constitutionalism's importance lies in symbolic terms as a legitimating discourse. The competing liberal and 'new' politics of definition (the latter highlighting how neoliberal values and institutions constrain political action) are contrasted to show how each advances different agenda. A comparative survey of constitutionalism's engagement with private power shows that conceiving of constitutions in the predominant liberal, legalist mode has broadly favoured hegemonic interests. It is concluded that counterhegemonic forms of constitutional discourse cannot be effected within, but only by unthinking, the dominant liberal legalist paradigm, in a manner that takes seriously all exercises of political power.
Book Synopsis International Investment Protection and Constitutional Law by : Stephan W. Schill
Download or read book International Investment Protection and Constitutional Law written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2022-11-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
Book Synopsis The Constitutionalization of the Global Corporate Sphere? by : Grahame Thompson
Download or read book The Constitutionalization of the Global Corporate Sphere? written by Grahame Thompson and published by Oxford University Press on Demand. This book was released on 2012-10-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level.
