Law And State In The Globalized World

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Law and State in the Globalized World

Author : Surendra Bhandari
Publisher :
ISBN 13 : 9781634834575
Total Pages : 459 pages
Book Rating : 4.8/5 (345 download)

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Book Synopsis Law and State in the Globalized World by : Surendra Bhandari

Download or read book Law and State in the Globalized World written by Surendra Bhandari and published by . This book was released on 2015 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.

The Welfare State, Globalization, and International Law

Author : Daphne Barak-Erez
Publisher : Springer Science & Business Media
ISBN 13 : 9783540011033
Total Pages : 478 pages
Book Rating : 4.0/5 (11 download)

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Book Synopsis The Welfare State, Globalization, and International Law by : Daphne Barak-Erez

Download or read book The Welfare State, Globalization, and International Law written by Daphne Barak-Erez and published by Springer Science & Business Media. This book was released on 2004 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: with contributions by numerous experts

Taming Globalization

Author : Julian Ku
Publisher : Oxford University Press
ISBN 13 : 0199913447
Total Pages : 280 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Taming Globalization by : Julian Ku

Download or read book Taming Globalization written by Julian Ku and published by Oxford University Press. This book was released on 2012-03-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.

International Law in the 21st Century

Author : Christopher C. Joyner
Publisher : Rowman & Littlefield
ISBN 13 : 9780742500099
Total Pages : 388 pages
Book Rating : 4.5/5 ( download)

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Book Synopsis International Law in the 21st Century by : Christopher C. Joyner

Download or read book International Law in the 21st Century written by Christopher C. Joyner and published by Rowman & Littlefield. This book was released on 2005 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.

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.

Global Constitutionalism and the Path of International Law

Author : Surendra R. Bhandari
Publisher : BRILL
ISBN 13 : 900431346X
Total Pages : 409 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Global Constitutionalism and the Path of International Law by : Surendra R. Bhandari

Download or read book Global Constitutionalism and the Path of International Law written by Surendra R. Bhandari and published by BRILL. This book was released on 2016-05-04 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Multinational Enterprise and Legal Control

Author : Cynthia Day Wallace
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041117892
Total Pages : 1364 pages
Book Rating : 4.1/5 (178 download)

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Book Synopsis The Multinational Enterprise and Legal Control by : Cynthia Day Wallace

Download or read book The Multinational Enterprise and Legal Control written by Cynthia Day Wallace and published by Martinus Nijhoff Publishers. This book was released on 2002-04-02 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling "Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls," In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.

The Welfare State, Globalization, and International Law

Author : Eyal Benvenisti
Publisher : Springer Science & Business Media
ISBN 13 : 3642170080
Total Pages : 460 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis The Welfare State, Globalization, and International Law by : Eyal Benvenisti

Download or read book The Welfare State, Globalization, and International Law written by Eyal Benvenisti and published by Springer Science & Business Media. This book was released on 2011-06-27 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the role of the international level in securing or supplementing national welfare functions. The authors evaluate the role of international labour law, social rights as human rights, the World Trade Organisation, non-governmental organisations and international taxation law, in the effort to maintain and promote welfare rights and the welfare state. The functions of national migration law and of social security law are analysed in case studies.

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?

Critical Beings

Author : Peter Fitzpatrick
Publisher : Ashgate Publishing, Ltd.
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Critical Beings by : Peter Fitzpatrick

Download or read book Critical Beings written by Peter Fitzpatrick and published by Ashgate Publishing, Ltd.. This book was released on 2004 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging accounts that would ascribe to them a transitory or incidental place in the establishment of the modern juridical order, this collection argues that excluded or marginalized people are coming to form a new entity - the global legal subject - comparable in ways to other non-state actors operating in the international legal system. It maintains that these global subjects stand as possible precursors to new political ways of being. The book makes an important contribution to debates on law and globalization, and will be of great interest to those concerned with law and the movement of people, law and the formation of identities and law and human rights.

Beyond Territoriality

Author : Gunther Handl
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004227091
Total Pages : 583 pages
Book Rating : 4.0/5 (42 download)

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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.

The United States and International Law

Author : Lucrecia García Iommi
Publisher : University of Michigan Press
ISBN 13 : 0472220276
Total Pages : 365 pages
Book Rating : 4.4/5 (722 download)

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Book Synopsis The United States and International Law by : Lucrecia García Iommi

Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

The Misery of International Law

Author : John Linarelli
Publisher : Oxford University Press
ISBN 13 : 0198753950
Total Pages : 337 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Misery of International Law by : John Linarelli

Download or read book The Misery of International Law written by John Linarelli and published by Oxford University Press. This book was released on 2018 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.

Diplomacy and International Law in Globalized Relations

Author : Wilfried Bolewski
Publisher : Springer Science & Business Media
ISBN 13 : 3540711015
Total Pages : 136 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Diplomacy and International Law in Globalized Relations by : Wilfried Bolewski

Download or read book Diplomacy and International Law in Globalized Relations written by Wilfried Bolewski and published by Springer Science & Business Media. This book was released on 2007-05-01 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.

The Globalization of International Law

Author : PaulSchiff Berman
Publisher : Routledge
ISBN 13 : 1351543970
Total Pages : 699 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Globalization of International Law by : PaulSchiff Berman

Download or read book The Globalization of International Law written by PaulSchiff Berman and published by Routledge. This book was released on 2017-07-05 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

Global Law Without a State

Author : Gunther Teubner
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Global Law Without a State by : Gunther Teubner

Download or read book Global Law Without a State written by Gunther Teubner and published by Dartmouth Publishing Company. This book was released on 1997 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with legal pluralism in an emerging world society. It central thesis is that globalization of law tends to create a decentred law-making process which occurs in multiple sectors of civil society, independently of nation states. Technical standardization, professional rule production, human rights, intra-organizational regulation in multinational enterprises, contracting, arbitration and other institutions of lex mercatoria are forms of rule by private governments, claiming world-wide validity independently of the law of the nation states. They have come into existence not by formal acts of nation states but by strange paradoxical acts of self-validation.

Jurisprudence in a Globalized World

Author : Jorge Luis Fabra-Zamora
Publisher : Edward Elgar Publishing
ISBN 13 : 1788974425
Total Pages : 288 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Jurisprudence in a Globalized World by : Jorge Luis Fabra-Zamora

Download or read book Jurisprudence in a Globalized World written by Jorge Luis Fabra-Zamora and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.