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The Limits Of Transnational Law
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Book Synopsis The Limits of International Law by : Jack L. Goldsmith
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Book Synopsis The Limits of Transnational Law by : Hélène Lambert
Download or read book The Limits of Transnational Law written by Hélène Lambert and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.
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: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Book Synopsis Transnational Law and State Transformation by : Jennifer Lander
Download or read book Transnational Law and State Transformation written by Jennifer Lander and published by Routledge. This book was released on 2019-11-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.
Author :Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill Publisher : ISBN 13 :9780511749650 Total Pages :281 pages Book Rating :4.7/5 (496 download)
Book Synopsis The Limits of Transnational Law by : Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill
Download or read book The Limits of Transnational Law written by Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill and published by . This book was released on 2014-05-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.
Book Synopsis Limits of Supranational Justice by : Dilek Kurban
Download or read book Limits of Supranational Justice written by Dilek Kurban and published by Cambridge University Press. This book was released on 2020-11-12 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.
Book Synopsis Transnational Legal Ordering and State Change by : Gregory C. Shaffer
Download or read book Transnational Legal Ordering and State Change written by Gregory C. Shaffer and published by Cambridge University Press. This book was released on 2013 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.
Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen
Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many Nation States. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today"--
Book Synopsis Facing the Limits of the Law by : Erik Claes
Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
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 The Limits of International Law by : Jack L. Goldsmith
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Book Synopsis The Cambridge Companion to International Law by : James Crawford
Download or read book The Cambridge Companion to International Law written by James Crawford and published by Cambridge University Press. This book was released on 2012-01-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Book Synopsis Law and the Limits of Reason by : Adrian Vermeule
Download or read book Law and the Limits of Reason written by Adrian Vermeule and published by Oxford University Press. This book was released on 2012-05-24 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.
Book Synopsis Transnational Law by : Philip Caryl Jessup
Download or read book Transnational Law written by Philip Caryl Jessup and published by . This book was released on 1956 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Law and its Others by : Anne Orford
Download or read book International Law and its Others written by Anne Orford and published by Cambridge University Press. This book was released on 2006-11-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
Book Synopsis The Limits of Human Rights by : Bardo Fassbender
Download or read book The Limits of Human Rights written by Bardo Fassbender and published by Oxford University Press. This book was released on 2019-11-21 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Book Synopsis Crimes Against Humanity by : Nergis Canefe
Download or read book Crimes Against Humanity written by Nergis Canefe and published by University of Wales Press. This book was released on 2021-04-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South. No other study addresses questions of ethical dimensions of mass crimes and accountability for state criminality.
