Transnationalisation And Legal Actors

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Transnationalisation and Legal Actors

Author : Bettina Lemann Kristiansen
Publisher : Routledge
ISBN 13 : 0429678975
Total Pages : 315 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Transnationalisation and Legal Actors by : Bettina Lemann Kristiansen

Download or read book Transnationalisation and Legal Actors written by Bettina Lemann Kristiansen and published by Routledge. This book was released on 2019-06-10 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

Transnational Crime and the Interface Between Legal and Illegal Actors

Author : Antonius Johannes Gerhardus Tijhuis
Publisher :
ISBN 13 : 9789058501950
Total Pages : 0 pages
Book Rating : 4.5/5 (19 download)

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Book Synopsis Transnational Crime and the Interface Between Legal and Illegal Actors by : Antonius Johannes Gerhardus Tijhuis

Download or read book Transnational Crime and the Interface Between Legal and Illegal Actors written by Antonius Johannes Gerhardus Tijhuis and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on the interfaces between legal and illegal actors engaging in transnational crimes. These interfaces can be quite complex as the cases of Udo Proksch and Cornelius M. illustrate. Due to this complexity, such cases and the related interfaces cannot be caught easily with clear-cut and mutually excluding categories like 'transnational (organized) crime' versus 'legitimate' businesses and government agencies. The boundaries between transnational crime, terrorism, corporate crime and state crime fade away as one focuses on such concrete cases. As the rest of this study will show, the characteristics of these cases appear to be far more representative of transnational crimes in general than usually assumed. For a number of reasons, a study that focuses solely on interfaces can be an important and necessary addition to the existing criminological studies. The first reason has to do with the mentioned lack of systematic studies of the interfaces between legal and illegal actors. The second reason has to do with the observation mentioned above. By studying interfaces between legal and illegal actors, the rather thin boundaries between transnational crime, corporate crime and other types of crime become clear. Only after these boundaries are crossed, or even leveled, transnational crimes can be understood from a broader perspective. From such a perspective, transnational crimes are always taking place against a specific background of economic factors, state policies and legislation, as well as other factors. Thirdly, a systematic study of interfaces can help to indicate the different types and causes of interfaces that can be found in different types of transnational crime. Finally, as the role of legal actors with all kinds of transnational crimes is clarified, more effective legislative and policy instruments can be designed to counter this role. The first half of this study will be based on the literature on transnational crimes. The second half will describe the empirical research of the illicit art and antiquities trade that was done specifically for this study. The illicit art and antiquities trade was chosen for several reasons. On the one hand because it is a type of crime that is known for its interfaces between legal and illegal actors and on the other hand because empirical studies of this type of crime have been scarce, especially from a criminological perspective.

Law and Legalization in Transnational Relations

Author : Christian Brütsch
Publisher : Routledge
ISBN 13 : 1134099223
Total Pages : 481 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Law and Legalization in Transnational Relations by : Christian Brütsch

Download or read book Law and Legalization in Transnational Relations written by Christian Brütsch and published by Routledge. This book was released on 2007-03-06 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the emergence of multiple legal and law-like arrangements that alter the interaction between states, their delegated agencies, international organizations and non-state actors in international and transnational politics. Political scientists and legal scholars have been addressing the ‘legalization’ of international regimes and international politics, and engaging in interdisciplinary research on the nature, the causes and the effects of the norm driven controls over different areas and dimensions of global governance. Written by leading contributors in the field, the book claims that the emergence and spread of legal and law-like arrangements contributes to the transformation of world politics, arguing that ‘legalization’ does not only mean that states co-operate in more or less precise, binding and independent regimes, but also that different types of non-state actors can engage in the framing, definition, implementation and enforcement of legal and law-like norms and rules. To capture these diverse observations, the volume provides an interpretative framework that includes the increase in international law-making, the variation of legal and legalized regimes and the differentiation of legal and law-like arrangements. Law and Legalization in Transnational Relations is of interest to students and researchers of international politics, international relations and law.

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.

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.

Transnationalisation of Social Rights

Author : Andreas Fischer-Lescano
Publisher :
ISBN 13 : 9781780683966
Total Pages : 0 pages
Book Rating : 4.6/5 (839 download)

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Book Synopsis Transnationalisation of Social Rights by : Andreas Fischer-Lescano

Download or read book Transnationalisation of Social Rights written by Andreas Fischer-Lescano and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration crisis, food crisis, economic crisis-the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context? Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society? This book scrutinizes both the potentials and the boundaries of de-coupling the notion of "social rights" from the nation-state and of transfering it to the transnational sphere. By drawing on a critical theory of transnational law, it provides an in-depth analysis of the different sites where the struggle for social rights is at stake, such as with the emerging transnational food regime, the ILO, international environmental law, and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine, and relates these aspects to the social and political struggles which surround the transnationalization of social rights. Subject: Human Rights Law]

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.

Advanced Introduction to Law and Globalisation

Author : Jaakko Husa
Publisher : Edward Elgar Publishing
ISBN 13 : 178811647X
Total Pages : 206 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Advanced Introduction to Law and Globalisation by : Jaakko Husa

Download or read book Advanced Introduction to Law and Globalisation written by Jaakko Husa and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

Legal Positivism in a Global and Transnational Age

Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
ISBN 13 : 3030247058
Total Pages : 315 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Legal Positivism in a Global and Transnational Age by : Luca Siliquini-Cinelli

Download or read book Legal Positivism in a Global and Transnational Age written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on 2019-08-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

Authority in Transnational Legal Theory

Author : Roger Cotterrell
Publisher : Edward Elgar Publishing
ISBN 13 : 1784711624
Total Pages : 441 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Authority in Transnational Legal Theory by : Roger Cotterrell

Download or read book Authority in Transnational Legal Theory written by Roger Cotterrell and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.

From Transnational Relations to Transnational Laws

Author : Shaheen Sardar Ali
Publisher : Routledge
ISBN 13 : 1317131592
Total Pages : 340 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis From Transnational Relations to Transnational Laws by : Shaheen Sardar Ali

Download or read book From Transnational Relations to Transnational Laws written by Shaheen Sardar Ali and published by Routledge. This book was released on 2016-04-15 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 Legal Processes

Author : Michael Likosky
Publisher : Cambridge University Press
ISBN 13 : 9780406946744
Total Pages : 548 pages
Book Rating : 4.9/5 (467 download)

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Book Synopsis Transnational Legal Processes by : Michael Likosky

Download or read book Transnational Legal Processes written by Michael Likosky and published by Cambridge University Press. This book was released on 2002-04 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work comprises 24 linked essays by leading transatlantic scholars in international law and the social sciences examining the sociolegal aspects of multi-jurisdictional legal techniques and trans-jurisdictional social phenomena. The contributors bring a range of disciplinary expertises including anthropology, economics, law and sociology to bear on key questions raised by transnational legal processes. The pieces explore legal developments in multiple territories including Africa, Asia, Latin America and the United States. The volume is designed as a general reader for courses on law and globalisation and related studies. The collection is made up of four parts, each addressing a central theme in transnational law and legal action (law-making and compliance), human rights, commerce and governance. The essays discuss such diverse problems as: the role of foreign actors in the ethnic conflicts of Kosovo and Rwanda; the power the United States and the UK wield over international capital markets; and the adaptability of existing public international law to deal with the challenges wrought by globalisation.

Transnational Crime

Author : Jessica Roher
Publisher : Routledge
ISBN 13 : 131545663X
Total Pages : 233 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Transnational Crime by : Jessica Roher

Download or read book Transnational Crime written by Jessica Roher and published by Routledge. This book was released on 2018-09-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Jessup coined the term "transnational law" in his Storrs Lecture on Jurisprudence delivered in 1956 to describe law that regulates activities or actions that transcend national borders. The term redefined the development and practice of the law, and became a distinct field of study. In 2001, Neil Boister applied Jessup’s concept to the field of criminal law and identified the emergence of transnational criminal law in a formative article published in the European Journal of International Law. Inspired by Boister’s work, the editors of the journal Transnational Legal Theory sought contributions from leading academics and practitioners for a symposium issue on transnational criminal law. In their papers, the authors built upon and developed novel approaches to legal issues arising in an increasingly globalized world, where both crimes and the regulation of crimes transcend borders. The publication of this book marks the sixtieth anniversary of Jessup’s seminal lecture and exemplifies the significant impact that Jessup, and later Boister, have had on legal scholarship and practice in the area of criminal law. We are honoured to publish the symposium as a monograph and to contribute to this rapidly evolving field. This book was previously published as a special issue of Transnational Legal Theory.

Beyond Territoriality

Author : Gunther Handl
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186476
Total Pages : 584 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Beyond Territoriality by : Gunther Handl

Download or read book Beyond Territoriality written by Gunther Handl and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.

The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century

Author : Karl Härter
Publisher : Verlag Vittorio Klostermann
ISBN 13 : 9783465043911
Total Pages : 238 pages
Book Rating : 4.0/5 (439 download)

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Book Synopsis The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century by : Karl Härter

Download or read book The Transnationalisation of Criminal Law in the Nineteenth and Twentieth Century written by Karl Härter and published by Verlag Vittorio Klostermann. This book was released on 2019-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume contains nine case studies on the recent history of transnational criminal law, having emerged from current international research projects. The papers cover cross-border political crime and security threats, extradition and expulsion, police cooperation and international expert discussions on social crime and torture. The focus is less on event-historical phenomena, but on transnational legal-political interactions of different actors. The contributions thus analyze the historical development of transnational criminal law as a form of temporally, spatially and legally limited criminal law and security regimes. As a result, the volume shows that the investigated transnationalization of criminal law in the 19th and 20th centuries did not lead to a cohesive normative order, thus offering legal-historical interpretations of current problems of international criminal law.

Non-State Actors in World Politics

Author : D. Josselin
Publisher : Springer
ISBN 13 : 1403900906
Total Pages : 302 pages
Book Rating : 4.4/5 (39 download)

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Book Synopsis Non-State Actors in World Politics by : D. Josselin

Download or read book Non-State Actors in World Politics written by D. Josselin and published by Springer. This book was released on 2001-10-29 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The involvement of non-state actors in world politics can hardly be characterised as novel, but intensifying economic and social exchange and the emergence of new modes of international governance have given them much greater visibility and, many would argue, a more central role. Non-state Actors in World Politics offers analyses of a diverse range of economic, social, legal (and illegal), old and new actors, such as the Catholic Church, trade unions, diasporas, religious movements, transnational corporations and organised crime.

Transnational Law and State Transformation

Author : Jennifer Lander
Publisher : Routledge
ISBN 13 : 0429664133
Total Pages : 200 pages
Book Rating : 4.4/5 (296 download)

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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.