Globalization And Private Law

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Globalization and Private Law

Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805210
Total Pages : 509 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Globalization and Private Law by : Michael Faure

Download or read book Globalization and Private Law written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Private Power, Public Law

Author : Susan K. Sell
Publisher : Cambridge University Press
ISBN 13 : 9780521525398
Total Pages : 244 pages
Book Rating : 4.5/5 (253 download)

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Book Synopsis Private Power, Public Law by : Susan K. Sell

Download or read book Private Power, Public Law written by Susan K. Sell and published by Cambridge University Press. This book was released on 2003 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

Power and Pluralism in International Law

Author : Edward S. Cohen
Publisher : Routledge
ISBN 13 : 1000554201
Total Pages : 189 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Power and Pluralism in International Law by : Edward S. Cohen

Download or read book Power and Pluralism in International Law written by Edward S. Cohen and published by Routledge. This book was released on 2022-03-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

National Legal Systems and Globalization

Author : Pierre Larouche
Publisher : Springer Science & Business Media
ISBN 13 : 9067048852
Total Pages : 386 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis National Legal Systems and Globalization by : Pierre Larouche

Download or read book National Legal Systems and Globalization written by Pierre Larouche and published by Springer Science & Business Media. This book was released on 2012-11-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Private International Law and Global Governance

Author : Horatia Muir Watt
Publisher : Law and Global Governance
ISBN 13 : 0198727623
Total Pages : 401 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Private International Law and Global Governance by : Horatia Muir Watt

Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by Law and Global Governance. This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Horatia Muir Watt and Diego P. Fernández-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance Debate Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law 1: Geoffrey Samuel: Comparative Law as Resistance 2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance 3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique Section B. Political Critique: Privatization as Homogenization 4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations 5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism Section C. Searching for Legitimacy: Questions of Design 6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent? 7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking 8: Yannick Radi: Balancing the Public and the Private in International Investment Law PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS Section A. The Global Turn to Informality: Pragmatism and Constructivism 9: Benoit Frydman: A Pragmatic Approach To Global Law 10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation 11: Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism 12: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law 13: Jacco Bomhoff: The Constitution of the Conflict of Laws 14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws Section C. Reinventing a Global Horizon: Working towards a Global Public Good 15: Bram van der Eem: Financial Stability and Private International Law 16: Ivana Isailovic: Recognition(and Mis-recognition) in Private International Law 17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance? Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?

Law and Social Theory

Author : Reza Banakar
Publisher : A&C Black
ISBN 13 : 1782252045
Total Pages : 438 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law and Social Theory by : Reza Banakar

Download or read book Law and Social Theory written by Reza Banakar and published by A&C Black. This book was released on 2014-07-18 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

Internationalization of Law

Author : Marcelo Dias Varella
Publisher : Springer
ISBN 13 : 3642541631
Total Pages : 343 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Internationalization of Law by : Marcelo Dias Varella

Download or read book Internationalization of Law written by Marcelo Dias Varella and published by Springer. This book was released on 2014-06-17 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

The Indian Legal Profession in the Age of Globalization

Author : David B. Wilkins
Publisher : Cambridge University Press
ISBN 13 : 110821102X
Total Pages : pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Indian Legal Profession in the Age of Globalization by : David B. Wilkins

Download or read book The Indian Legal Profession in the Age of Globalization written by David B. Wilkins and published by Cambridge University Press. This book was released on 2017-05-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.

Globalization and Human Rights

Author : Jesús Ballesteros
Publisher : Springer Science & Business Media
ISBN 13 : 9400740204
Total Pages : 254 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Globalization and Human Rights by : Jesús Ballesteros

Download or read book Globalization and Human Rights written by Jesús Ballesteros and published by Springer Science & Business Media. This book was released on 2012-04-14 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation turns out to be untenable because it does not guarantee minimum social equity, peace and respect for the environment, and therefore does not guarantee the effective accomplishment of human rights. This book analyzes this issue and raises proposals for a new perspective. The first part describes the soft threats to human rights, derived from the devaluation of the politics and the productive economy with regard to the finance. It entails the concealment of the reality in the shape of exploitation as the tax havens and in the shape of marginalization of the persons with different abilities. The second part include a study of hard threats to human rights and examines two cases of failed states: Afghanistan and Somalia, in which the violence has supplanted the politics and the economy. In view of these situations it is necessary to rethink the force of classic ius gentium and the humanitarian right. The third part presents the European Union as a legal and political space in which conditions of a worthy life are better defended by means of the Primacy of Practical Reason and Social State of Law, and by the requirement of peace as the main rule of international relations.

Toward a New Legal Common Sense

Author : Boaventura de Sousa Santos
Publisher : Cambridge University Press
ISBN 13 : 1107157846
Total Pages : 699 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Toward a New Legal Common Sense by : Boaventura de Sousa Santos

Download or read book Toward a New Legal Common Sense written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2020-10 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.

International Law in the New Age of Globalization

Author : Andrew Byrnes
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004228810
Total Pages : 464 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Law in the New Age of Globalization by : Andrew Byrnes

Download or read book International Law in the New Age of Globalization written by Andrew Byrnes and published by Martinus Nijhoff Publishers. This book was released on 2013-03-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a series of essays which address some of the challenges that globalization poses to the international legal order. The book examines the interaction of globalization and international law through four sub-themes: the adaptation of classical international legal tools to regulate and adjudicate community interests and conflicts in the era of globalization; coordinating dialogues and governance strategies within and between international legal systems and institutions; globalization and the diversification of actors; and the exposure of State sovereignty to private actors and the need to preserve the regulatory powers of States. The volume will be of interest to international law scholars, practitioners and students, as well as to those working in the fields of international relations and globalization.

Globalization and Sovereignty

Author : Jean L. Cohen
Publisher : Cambridge University Press
ISBN 13 : 1139560263
Total Pages : 455 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Globalization and Sovereignty by : Jean L. Cohen

Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Globalization and International Law

Author : D. Bederman
Publisher : Springer
ISBN 13 : 023061289X
Total Pages : 244 pages
Book Rating : 4.2/5 (36 download)

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Book Synopsis Globalization and International Law by : D. Bederman

Download or read book Globalization and International Law written by D. Bederman and published by Springer. This book was released on 2008-06-23 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.

Private International Law

Author : Franco Ferrari
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906903
Total Pages : 520 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Private International Law by : Franco Ferrari

Download or read book Private International Law written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Globalization and Private Law. Interpretation, Cultural Traditions, Language Issues

Author : Giovanni Paciullo
Publisher :
ISBN 13 : 9788864581071
Total Pages : 55 pages
Book Rating : 4.5/5 (81 download)

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Book Synopsis Globalization and Private Law. Interpretation, Cultural Traditions, Language Issues by : Giovanni Paciullo

Download or read book Globalization and Private Law. Interpretation, Cultural Traditions, Language Issues written by Giovanni Paciullo and published by . This book was released on 2014 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of the Globalization of Law

Author : Alison Brysk
Publisher : Routledge
ISBN 13 : 1135076030
Total Pages : 218 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis The Politics of the Globalization of Law by : Alison Brysk

Download or read book The Politics of the Globalization of Law written by Alison Brysk and published by Routledge. This book was released on 2013-05-02 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.

Globalization and Intellectual Property

Author : Alexandra George
Publisher : Routledge
ISBN 13 : 1351933078
Total Pages : 523 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Globalization and Intellectual Property by : Alexandra George

Download or read book Globalization and Intellectual Property written by Alexandra George and published by Routledge. This book was released on 2017-05-15 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property laws have become intricately entwined with discussions about globalization. This volume deals with the politics, economics and effects of global intellectual propertization. It provides essays covering key issues including the international relations of global intellectual propertization, the TRIPS Agreement and the tying of intellectual property issues to international trade negotiations, contentions that global intellectual propertization is a form of post-colonial neo-imperialism, globalization's effects on intellectual property law's classic doctrines and rationales and the cultural effects of global intellectual propertization.