Law Beyond The State

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Law Beyond the State

Author : Carmen E. Pavel
Publisher : Oxford University Press
ISBN 13 : 019754391X
Total Pages : 217 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Law Beyond the State by : Carmen E. Pavel

Download or read book Law Beyond the State written by Carmen E. Pavel and published by Oxford University Press. This book was released on 2021-03-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

Law Beyond the State

Author : Rainer Hofmann
Publisher : Campus Verlag
ISBN 13 : 3593506505
Total Pages : 209 pages
Book Rating : 4.5/5 (935 download)

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Book Synopsis Law Beyond the State by : Rainer Hofmann

Download or read book Law Beyond the State written by Rainer Hofmann and published by Campus Verlag. This book was released on 2016-11-10 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law beyond the State brings together contributions by renowned experts on international and European Union law to celebrate the centennial of Goethe‒Universität Frankfurt. The essays explore Frankfurt's contribution to the development of international law; the historical development of international law; how this form of law can be used as a tool to improve the world and create a better future for all; the essential relevance of the spiritual dimension of legal orders, including the European Union, to ensuring their values will be taken seriously; and the possibility, offered by the Internet, for all persons concerned with global lawmaking to participate effectively in relevant decision-making processes.

Entangled Legalities Beyond the State

Author : Nico Krisch
Publisher : Cambridge University Press
ISBN 13 : 1108843069
Total Pages : 521 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Entangled Legalities Beyond the State by : Nico Krisch

Download or read book Entangled Legalities Beyond the State written by Nico Krisch and published by Cambridge University Press. This book was released on 2021-11-11 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

International Human Rights Law Beyond State Territorial Control

Author : Antal Berkes
Publisher : Cambridge University Press
ISBN 13 : 1108840620
Total Pages : 389 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Human Rights Law Beyond State Territorial Control by : Antal Berkes

Download or read book International Human Rights Law Beyond State Territorial Control written by Antal Berkes and published by Cambridge University Press. This book was released on 2021-06-17 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.

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.

Due Process of Law Beyond the State

Author : Giacinto Della Cananea
Publisher : Oxford University Press
ISBN 13 : 019878838X
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Due Process of Law Beyond the State by : Giacinto Della Cananea

Download or read book Due Process of Law Beyond the State written by Giacinto Della Cananea and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

Beyond the State

Author : Nils Jansen
Publisher :
ISBN 13 : 9783161498626
Total Pages : 0 pages
Book Rating : 4.4/5 (986 download)

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Book Synopsis Beyond the State by : Nils Jansen

Download or read book Beyond the State written by Nils Jansen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private law beyond the state" is a topic that is fashionable, important, and widely discussed. Yet it presents so many different aspects and perspectives that it has, so far, remained remarkably poorly understood. This volume brings together contributions of leading scholars from the United States, Israel and Germany exploring the topic from different perspectives: legal history, law and economics, legal sociology, private international law, and legal anthropology. Contributors: Marietta Auer, Jürgen Basedow, Charles Donahue, Jr., Hanoch Dagan, James Gordley, Hans-Peter Haferkamp, Nils Jansen, Susanne Lepsius, Ralf Michaels, Annelise Riles, Florian Rödl, Chaim Saiman, David V. Snyder, Gunther Teubner, Christiane C. Wendehorst and Peer Zumbansen

European Constitutionalism Beyond the State

Author : J. H. H. Weiler
Publisher : Cambridge University Press
ISBN 13 : 9780521796712
Total Pages : 256 pages
Book Rating : 4.7/5 (967 download)

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Book Synopsis European Constitutionalism Beyond the State by : J. H. H. Weiler

Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Governance Beyond the Law

Author : Abel Polese
Publisher : Springer
ISBN 13 : 3030050394
Total Pages : 372 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Governance Beyond the Law by : Abel Polese

Download or read book Governance Beyond the Law written by Abel Polese and published by Springer. This book was released on 2019-03-29 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations. The authors classify them as alternative, subversive forms of governance performed by marginal (and often invisible) peripheral actors. The volume studies how the informal and the extra-legal unfold transnationally and, in particular, how and why they have been/are being progressively criminalized and integrated into the construction of global and local dangerhoods; how the above-mentioned phenomena are embedded into a post-liberal security order; and whether they shape new states of exception and generate moral panic whose ultimate function is regulatory, disciplinary and one of crafting practices of political ordering.

The Law of Treaties Beyond the Vienna Convention

Author : Mahnoush H. Arsanjani
Publisher : American Chemical Society
ISBN 13 : 0199588910
Total Pages : 498 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Law of Treaties Beyond the Vienna Convention by : Mahnoush H. Arsanjani

Download or read book The Law of Treaties Beyond the Vienna Convention written by Mahnoush H. Arsanjani and published by American Chemical Society. This book was released on 2011-02-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Beyond the Law

Author : Emmett Dalton
Publisher : Pelican Publishing
ISBN 13 : 9781455601141
Total Pages : 194 pages
Book Rating : 4.6/5 (11 download)

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Book Synopsis Beyond the Law by : Emmett Dalton

Download or read book Beyond the Law written by Emmett Dalton and published by Pelican Publishing. This book was released on 2009-10-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Train robbers, horse thieves, murderers. These are only a few of the accusations leveled against the Dalton Gang, the fraternal band of Western lawmen turned outlaws in the latter part of the nineteenth century. Daring in their exploits, the gang members turned their backs on laws they found to be criminally flawed and stole horses, bootlegged whiskey into Indian Territory, and committed the first American train robbery. A rare firsthand account originally published in 1918, this volume details the time when sheriffs were paid for each man they hanged, law enforcement rode under the banner of "Smith & Wesson" rather than "To Serve and Protect," and outlaws ruled the rails.

The Oxford Handbook of Comparative Administrative Law

Author : Peter Cane
Publisher : Oxford University Press, USA
ISBN 13 : 0198799985
Total Pages : 1169 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Comparative Administrative Law by : Peter Cane

Download or read book The Oxford Handbook of Comparative Administrative Law written by Peter Cane and published by Oxford University Press, USA. This book was released on 2021-01-17 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Negotiating State and Non-State Law

Author : Michael A. Helfand
Publisher : Cambridge University Press
ISBN 13 : 1107083761
Total Pages : 363 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Negotiating State and Non-State Law by : Michael A. Helfand

Download or read book Negotiating State and Non-State Law written by Michael A. Helfand and published by Cambridge University Press. This book was released on 2015-07-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

Author : James R. Silkenat
Publisher : Springer
ISBN 13 : 3319055852
Total Pages : 367 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by : James R. Silkenat

Download or read book The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Borders, Legal Spaces and Territories in Contemporary International Law

Author : Tommaso Natoli
Publisher : Springer Nature
ISBN 13 : 3030209296
Total Pages : 266 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Borders, Legal Spaces and Territories in Contemporary International Law by : Tommaso Natoli

Download or read book Borders, Legal Spaces and Territories in Contemporary International Law written by Tommaso Natoli and published by Springer Nature. This book was released on 2019-09-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Transnational Legal Orders

Author : Terence C. Halliday
Publisher : Cambridge University Press
ISBN 13 : 1107069920
Total Pages : 559 pages
Book Rating : 4.1/5 (7 download)

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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"--