Transnational Law And Local Struggles

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Transnational Law and Local Struggles

Author : David Szablowski
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313450
Total Pages : 352 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Transnational Law and Local Struggles by : David Szablowski

Download or read book Transnational Law and Local Struggles written by David Szablowski and published by Bloomsbury Publishing. This book was released on 2007-01-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.

Transnational Legal Activism in Global Value Chains

Author : Miriam Saage-Maaß
Publisher : Springer Nature
ISBN 13 : 3030738353
Total Pages : 340 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Transnational Legal Activism in Global Value Chains by : Miriam Saage-Maaß

Download or read book Transnational Legal Activism in Global Value Chains written by Miriam Saage-Maaß and published by Springer Nature. This book was released on 2021-08-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.

Transnational Law and Practice

Author : Donald Earl Childress III
Publisher : Aspen Publishing
ISBN 13 : 1543817521
Total Pages : 1056 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Transnational Law and Practice by : Donald Earl Childress III

Download or read book Transnational Law and Practice written by Donald Earl Childress III and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.

The Many Lives of Transnational Law

Author : Peer Zumbansen
Publisher : Cambridge University Press
ISBN 13 : 1108490263
Total Pages : 539 pages
Book Rating : 4.1/5 (84 download)

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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 Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Transnational Law

Author : Alfred C. Aman (Jr.)
Publisher :
ISBN 13 : 9781632849786
Total Pages : pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Transnational Law by : Alfred C. Aman (Jr.)

Download or read book Transnational Law written by Alfred C. Aman (Jr.) and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law -- national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power. The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures. Transnational Law is arranged in three parts. Part I ("Governance through treaties and agreements") considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II ("Governance through codes and contracts") takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III ("Governance through government") considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.--

Transnational Law

Author : Alfred C. Aman, Jr.
Publisher :
ISBN 13 : 9781422496404
Total Pages : 702 pages
Book Rating : 4.4/5 (964 download)

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Book Synopsis Transnational Law by : Alfred C. Aman, Jr.

Download or read book Transnational Law written by Alfred C. Aman, Jr. and published by . This book was released on 2017-08-17 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law — national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power. The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures. Transnational Law is arranged in three parts. Part I (“Governance through treaties and agreements”) considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II (“Governance through codes and contracts”) takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III (“Governance through government”) considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.--

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"--

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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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.

Transnational Legal Problems

Author : Henry J. Steiner
Publisher :
ISBN 13 :
Total Pages : 1228 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Transnational Legal Problems by : Henry J. Steiner

Download or read book Transnational Legal Problems written by Henry J. Steiner and published by . This book was released on 1994 with total page 1228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Steiner, Vagts and Koh's Documentary Supplement to Transnational Legal Problems, Materials and Text, Fourth Edition, provides detailed information on transnational legal problems law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Landscapes of Law

Author : Carol J. Greenhouse
Publisher : University of Pennsylvania Press
ISBN 13 : 0812252225
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Landscapes of Law by : Carol J. Greenhouse

Download or read book Landscapes of Law written by Carol J. Greenhouse and published by University of Pennsylvania Press. This book was released on 2020-06-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering. Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces. Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.

Transnational Law

Author : Philip C. Jessup
Publisher :
ISBN 13 : 9780758101037
Total Pages : 113 pages
Book Rating : 4.1/5 (1 download)

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Book Synopsis Transnational Law by : Philip C. Jessup

Download or read book Transnational Law written by Philip C. Jessup and published by . This book was released on 2003-01 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Everyday Transgressions

Author : Adelle Blackett
Publisher : Cornell University Press
ISBN 13 : 1501715763
Total Pages : 220 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Everyday Transgressions by : Adelle Blackett

Download or read book Everyday Transgressions written by Adelle Blackett and published by Cornell University Press. This book was released on 2019-04-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book's breadth and grounding in labor law make it most accessible and useful to a professional audience, but even nonspecialists and lay readers will appreciate Blackett's insights about law and domestic work and provocative issues such as social stratification and immigration.― Choice Adelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples' homes throughout the world. As the principal legal architect, Blackett is able to take us behind the scenes to show us how Convention No. 189 transgresses the everyday law of the household workplace to embrace domestic workers' human rights claim to be both workers like any other, and workers like no other. In doing so, she discusses the importance of understanding historical forms of invisibility, recognizes the influence of the domestic workers themselves, and weaves in poignant experiences, infusing the discussion of laws and standards with intimate examples and sophisticated analyses. Looking to the future, she ponders how international institutions such as the ILO will address labor market informality alongside national and regional law reform. Regardless of what comes next, Everyday Transgressions establishes that domestic workers' victory is a victory for the ILO and for all those who struggle for an inclusive, transnational vision of labor law, rooted in social justice.

Transnational Legal Ordering and State Change

Author : Gregory C. Shaffer
Publisher : Cambridge University Press
ISBN 13 : 1107026113
Total Pages : 271 pages
Book Rating : 4.1/5 (7 download)

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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.

Lawyers Beyond Borders

Author : Maria Armoudian
Publisher : University of Michigan Press
ISBN 13 : 0472038850
Total Pages : 263 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Lawyers Beyond Borders by : Maria Armoudian

Download or read book Lawyers Beyond Borders written by Maria Armoudian and published by University of Michigan Press. This book was released on 2021-09-07 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

From Transnational Relations to Transnational Laws

Author : Professor Anne Griffiths
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497429
Total Pages : 340 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis From Transnational Relations to Transnational Laws by : Professor Anne Griffiths

Download or read book From Transnational Relations to Transnational Laws written by Professor Anne Griffiths and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.

Transnational Law

Author : Mathias Reimann
Publisher : West Academic Publishing
ISBN 13 : 9780314154507
Total Pages : 0 pages
Book Rating : 4.1/5 (545 download)

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Book Synopsis Transnational Law by : Mathias Reimann

Download or read book Transnational Law written by Mathias Reimann and published by West Academic Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Transnational Law casebook introduces the international legal order as it presents itself at the beginning of the 21st century. The book's goal is to orient students in transactions and disputes reaching beyond national boundaries. It offers them the basic knowledge and understanding of transnational law that every lawyer should possess today, and it lays the foundations upon which more specialized courses can build. The book is divided into five categories: the respective Actors, the nature of their Interaction, the major forms and effects of transnational Law, transnational mechanisms of Dispute Resolution, and the Domestic Effects of international rules. It approaches the material from an evolutionary perspective and shows how the landscape with regard to each of the five topics has changed, especially over the last half-century.

Backstage Practices of Transnational Law

Author : Lianne J.M. Boer
Publisher : Routledge
ISBN 13 : 0429657331
Total Pages : 248 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Backstage Practices of Transnational Law by : Lianne J.M. Boer

Download or read book Backstage Practices of Transnational Law written by Lianne J.M. Boer and published by Routledge. This book was released on 2019-04-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ‘backstage’ of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the ‘backstage’ as emblematic of transnational legal practice. Expanding the focus of transnational legal scholarship, the book explores the seemingly mundane procedures which are often taken for granted, despite being widely recognized as part of what it means to ‘do transnational law’. Adopting various methodologies and approaches, each chapter focuses on one specific practice: for example, mooting exercises for law students, international travel, transnational time, the social media activities of lawyers and legal scholars, and the networking at the ICC’s annual Assembly of States Parties. In and of themselves, these chapters each provide unique insights into what happens before the curtain rises and after it falls on the familiar ‘outputs’ of transnational law. It does more, however, than provide a range of different practices: it takes the next step in theorizing on the importance of the marginal and the everyday for what we ‘know’ to be ‘the law’ and what the international legal field looks like. Furthermore, by interrogating undiscussed academic practices, it provides students with a candid view on the perils and promises of transnational legal scholarship, inviting them to join the discussion and to practice their discipline in a more reflexive way. Written in an accessible format, containing a readable collection of personal and recognizable accounts of transnational legal practice, the book provides an everyday insight into transnational law. It will therefore appeal to international legal scholars, alongside any reader with an interest in transnational law.