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Legal Polycentricity And International Law
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Book Synopsis Legal Polycentricity and International Law by : S. Prakash Sinha
Download or read book Legal Polycentricity and International Law written by S. Prakash Sinha and published by . This book was released on 1996 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the themes of the jurisprudential movement of legal polycentricity and applies them to international law. It focuses on the civilization of diversity and uncovers the non-universality of law and a pluralism of values. Sinha emphasizes that the proper role of international law is to ensure that in culture-specific matters, such as human rights, the state adheres to the normative ideals of the civilization to which it belongs. "An extensive and well-conceived bibliography... [Sinha] closes the book with a rich vein of resource material for further exploration." -- ASIL Newsletter
Book Synopsis Legal Polycentricity by : Hanne Petersen
Download or read book Legal Polycentricity written by Hanne Petersen and published by Dartmouth Publishing Company. This book was released on 1995 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Regulation of Euthanasia
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.
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?
Download or read book Polycentricity written by Ari Hirvonen and published by Pluto Press (UK). This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work sets out to demonstrate the inadequacy of current legal paradigms in explaining the phenomena of fragmentation through conceptions of modern law. It also addresses the possibility of legal and ethical alternativesand political counterstrategies.
Book Synopsis Normative Pluralism and International Law by : Jan Klabbers
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2013-04-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Book Synopsis Human Rights by : Thomas David Jones
Download or read book Human Rights written by Thomas David Jones and published by Martinus Nijhoff Publishers. This book was released on 1998 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of Human Rights.
Book Synopsis In Pursuit of Pluralist Jurisprudence by : Nicole Roughan
Download or read book In Pursuit of Pluralist Jurisprudence written by Nicole Roughan and published by Cambridge University Press. This book was released on 2017-09-14 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.
Book Synopsis Unity and Pluralism in Public International Law by : Oriol Casanovas
Download or read book Unity and Pluralism in Public International Law written by Oriol Casanovas and published by BRILL. This book was released on 2021-10-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.
Book Synopsis Global Legal Pluralism by : Paul Schiff Berman
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Book Synopsis Polycentricity in the European Union by : Josephine van Zeben
Download or read book Polycentricity in the European Union written by Josephine van Zeben and published by Cambridge University Press. This book was released on 2019-04-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses European Union governance from the perspective of polycentric theory, aimed at improvements in achieving individual self-governance.
Book Synopsis Major Legal Systems in the World Today by : René David
Download or read book Major Legal Systems in the World Today written by René David and published by Simon and Schuster. This book was released on 1978 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
Book Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha
Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2012-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
Book Synopsis Sovereigns, Quasi Sovereigns, and Africans by : Siba N'Zatioula Grovogui
Download or read book Sovereigns, Quasi Sovereigns, and Africans written by Siba N'Zatioula Grovogui and published by U of Minnesota Press. This book was released on 1996 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereigns, Quasi Sovereigns, and Africans was first published in 1996. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. In this trenchant critique, Siba N'Zatioula Grovogui demonstrates the failure of international law to address adequately the issues surrounding African self-determination during decolonization. Challenging the view that the only requirement for decolonization is the elimination of the legal instruments that provided for direct foreign rule, Sovereigns, Quasi Sovereigns, and Africans probes the universal claims of international law. Grovogui begins by documenting the creation of the "image of Africa" in European popular culture, examining its construction by conquerors and explorers, scientists and social scientists, and the Catholic Church. Using the case of Namibia to illuminate the general context of Africa, he demonstrates that the principles and rules recognized in international law today are not universal, but instead reflect relations of power and the historical dominance of specific European states. Grovogui argues that two important factors have undermined the universal applicability of international law: its dependence on Western culture and the way that international law has been structured to preserve Western hegemony in the international order. This dependence on Europeandominated models and legal apparatus has resulted in the paradox that only rights sanctioned by the former colonial powers have been accorded to the colonized, regardless of the latter's needs. In the case of Namibia, Grovogui focuses on the discursive strategies used by the West and their southern African allies to control the legal debate, as well as the tactics used by the colonized to recast the terms of the discussion. Grovogui blends critical legal theory, historical research, political economy, and cultural studies with profound knowledge of contemporary Africa in general and Namibia in particular. Sovereigns, Quasi Sovereigns, and Africans represents the very best of the new scholarship, moving beyond narrow disciplinary boundaries to illuminate issues of decolonization in Africa. Siba N'Zatioula Grovogui is assistant professor of political science at Johns Hopkins University. He previously practiced law in his native Guinea.
Book Synopsis Normative Pluralism and International Law by : Jan Klabbers
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving how law relates to normative orders.
Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Book Synopsis Transparency in International Law by : Andrea Bianchi
Download or read book Transparency in International Law written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2013-11-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the hitherto unexplored issues concerning transparency in key areas of international law.
