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Law Development And Regulatory Globalisation
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Book Synopsis Law, Development and Regulatory Globalisation by : Adithya Chintapanti
Download or read book Law, Development and Regulatory Globalisation written by Adithya Chintapanti and published by Taylor & Francis. This book was released on 2023-12-08 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions. Adopted by over 80 developing jurisdictions, the World Bank’s 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank’s template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome. Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries.
Book Synopsis The Brussels Effect by : Anu Bradford
Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Book Synopsis Globalisation and Natural Resources Law by : Elena Blanco
Download or read book Globalisation and Natural Resources Law written by Elena Blanco and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
Book Synopsis International Economic Law, Globalization and Developing Countries by : Julio Faundez
Download or read book International Economic Law, Globalization and Developing Countries written by Julio Faundez and published by Edward Elgar Publishing. This book was released on 2010 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.
Book Synopsis Law, Development, and Regulatory Globalisation by : Adithya Chintapanti
Download or read book Law, Development, and Regulatory Globalisation written by Adithya Chintapanti and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Exploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions. Adopted by over 80 developing jurisdictions, the World Bank's 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank's template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome. Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries"--
Book Synopsis The Oxford Handbook of Regulation by : Robert Baldwin
Download or read book The Oxford Handbook of Regulation written by Robert Baldwin and published by OUP Oxford. This book was released on 2012-07-19 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.
Book Synopsis Global Administrative Law by : Hugh Corder
Download or read book Global Administrative Law written by Hugh Corder and published by Juta and Company Ltd. This book was released on 2009 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Administrative Law: Innovation and Development (first published as Acta Juridica 2009) brings together papers given at a workshop held in Cape Town in March 2008 - a joint venture between the New York University Law School and the Faculty of Law at the University of Cape Town. The papers critically explore the concept of Global Administrative Law in theory and its relevance to developing countries; the efficacy of regulatory regimes focused on international trade and finance; and recent developments in the crucially important area of intellectual property law. The lessons learned in the process will inform intellectual debate and assist in the development of practical measures in pursuit of the good governance of global power through the law.
Book Synopsis Trade Law, Domestic Regulation And Development by : Joel P Trachtman
Download or read book Trade Law, Domestic Regulation And Development written by Joel P Trachtman and published by World Scientific. This book was released on 2015-04-08 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development.In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, 'The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune.'
Book Synopsis Global Business Regulation by : John Braithwaite
Download or read book Global Business Regulation written by John Braithwaite and published by Cambridge University Press. This book was released on 2000-02-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.
Book Synopsis Globalisation and Legal Theory by : William Twining
Download or read book Globalisation and Legal Theory written by William Twining and published by Cambridge University Press. This book was released on 2000-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text makes the case for a revival of general jurisprudence in response to globalisation.
Book Synopsis Transnational Business Law by : Rumu Sarkar
Download or read book Transnational Business Law written by Rumu Sarkar and published by . This book was released on 2003 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar, whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. Transnational Business Law shows that the decisions and strategies of lawyers involved in the hectic daily routines of creating and executing cross-border transactions can serve the best interests not only of their businesses but of economic development as well. In essence, this is a classic international business transactions handbook, with the overarching dimension of development law added. It offers detailed principles for structuring transactions, negotiating the underlying finance and related documents, and navigating dispute resolution mechanisms. It provides annotated forms, negotiating exercises, hypothetical examples, and actual case summaries and analyses. It presents economic development issues as they arise in such areas of activity as the following: cross-border financing of goods and services, technology transfers, and intellectual capital; structuring cross-border transactions through private equity, corporate debt, and multilateral development bank financing; managing commercial risks; negotiating debt work-outs for non-performing loans; mitigating non-commercial risks through credit enhancement strategies such as obtaining political risk insurance; and contracting for arbitration or other dispute resolution methods. Important factors such as 'long-arm' U.S. law, international legal regulation of business conduct, and relevant underlying local law and local legal traditions are all brought to bear on the issues when appropriate. Transnational Business Law will be especially useful to practitioners in developing countries whose legal decisions in relation to cross-border transactions often involve critical economic and political ramifications. Through her detailed exploration of how international transactions unfold within the context of economic development, Professor Sarkar greatly enhances the growth of a commitment among the international business community to achieve mutually constructive ways to conduct business between developed and developing countries.
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.
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 820 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.
Book Synopsis Governance through Development by : Celine Tan
Download or read book Governance through Development written by Celine Tan and published by Routledge. This book was released on 2011-03-17 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governance through Development locates the Poverty Reduction Strategy Paper (PRSP) framework within the broader context of international law and global governance, exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it. The PRSP framework has replaced the controversial structural adjustment programmes, as the primary mechanism through which official development financing is channelled to low-income developing countries. It has changed the regulatory landscape of international development financing, signalling a wider paradigmatic shift in the cartography of aid and, consequently, in the nature of north-south relations. Governance through Development documents and analyses this change within the legacy of postcolonial economic relations, revealing the wider legal, economic and geo-political significance of the PRSP framework. Celine Tan argues that the PRSP framework establishes a new regulatory regime that builds upon the disciplinary project of structural adjustment by embedding neoliberal economic conditionalities within a regime of domestic governance and public policy reform. The book will be of interest to scholars, researchers and students of law, political science and international relations, sociology and development studies.
Book Synopsis Regulatory Hybridization in the Transnational Sphere by : Paulius Jur Ys
Download or read book Regulatory Hybridization in the Transnational Sphere written by Paulius Jur Ys and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybridization as a defining phenomenon of regulatory frameworks in the transnational sphere. The contributions illustrate that globalization contributes to blurring the distinctions between national and international, public and private law; and that hybridization therefore necessitates a rethinking of fundamental legal concepts.
Book Synopsis The Role of Law and Ethics in the Globalized Economy by : Joseph Straus
Download or read book The Role of Law and Ethics in the Globalized Economy written by Joseph Straus and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface International conferences are not organized overnight—especially not when high ranking personalities from politics, business and academia should be offered an adequate platform for addressing and discussing highly relevant contemporary issues. The conference on “The Role of Law and Ethics in the Globalized Economy,” which took place on May 22 and 23, 2008 in the Bavarian Academy of Sciences and Humanities in Munich, was no exception. When the first preparations started at the end of 2006, neither the subprime crises nor the general crises of the global financial system, whose shock waves have rocked the financial businesses in subsequent months, were known; nor were they predictable or even imaginable. Based on our monitoring of the globalization process and its apparent impact—not only on the economic and technological environment, but also on the social en- ronment—it was appropriate for the conference to begin by serving as a platform for analysing the status quo of the process of globalization, as relevant to politics, business and academia, and for exploring how the interest groups in those domains cope with the challenges of globalization. In the end, however, the purpose of the conference was to produce proposals for conditions for “upwards” global compe- tion, meaning that minimum conditions should be worked out to enable people to live and labour humanely. Such conditions would be those which should help avoid otherwise inevitable frictions in society, both nationally and internationally.
Book Synopsis International Regulatory Co-operation The Role of International Organisations in Fostering Better Rules of Globalisation by : OECD
Download or read book International Regulatory Co-operation The Role of International Organisations in Fostering Better Rules of Globalisation written by OECD and published by OECD Publishing. This book was released on 2016-11-02 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique report considers the governance arrangements, operational modalities, use of quality management disciplines and co-operation efforts of 50 international organisations. It analyses different types of organisations and identifies avenues for more effective, inclusive actions.
