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Author: Pieter J. Slot
Publisher: Kluwer Law International B.V.
ISBN: 9041123075
Category : Law
Languages : en
Pages : 323
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Book Description
The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.
Author: Pieter J. Slot
Publisher: Kluwer Law International B.V.
ISBN: 9041123075
Category : Law
Languages : en
Pages : 323
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Book Description
The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.
Author: X.E. Kramer
Publisher: Springer Science & Business Media
ISBN: 906704816X
Category : Law
Languages : en
Pages : 381
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Book Description
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Author: Thomas Gammeltoft-Hansen
Publisher: Taylor & Francis
ISBN: 1315408252
Category : Law
Languages : en
Pages : 381
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Book Description
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
Author: Stephen Allen
Publisher: Oxford University Press
ISBN: 0191089370
Category : Law
Languages : en
Pages : 655
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Book Description
The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
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Book Description
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.
Author: PaulSchiff Berman
Publisher: Routledge
ISBN: 1351543970
Category : History
Languages : en
Pages : 699
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Book Description
'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.
Author: Dani Rodrik
Publisher: Peterson Institute
ISBN: 0881325252
Category :
Languages : en
Pages : 121
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Book Description
Author: Jean-Marc Coicaud
Publisher: Brookings Institution Press
ISBN:
Category : Law
Languages : en
Pages : 228
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Book Description
International efforts to construct a set of standardised human rights guidelines are based upon the identification of agreed key values regarding the relationships between individuals and the institutions governing them, which are viewed as critical to the well-being of humanity and the character of being human. This publication considers these issues of justice at the national, regional, and international levels by analysing civil, political, economic and social rights aspects.
Author: Miles Kahler
Publisher: Cambridge University Press
ISBN: 113945269X
Category : Political Science
Languages : en
Pages : 245
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Book Description
Predictions that globalization would undermine territorial attachments and weaken the sources of territorial conflict have not been realized in recent decades. Globalization may have produced changes in territoriality and the functions of borders, but it has not eliminated them. The contributors to this volume examine this relationship, arguing that much of the change can be attributed to sources other than economic globalization. Bringing the perspectives of law, political science, anthropology, and geography to bear on the complex causal relations among territoriality, conflict, and globalization, leading contributors examine how territorial attachments are constructed, why they have remained so powerful in the face of an increasingly globalized world, and what effect continuing strong attachments may have on conflict. They argue that territorial attachments and people's willingness to fight for territory depends upon the symbolic role it plays in constituting people's identities, and producing a sense of belonging in an increasingly globalized world.
Author: D. Bederman
Publisher: Springer
ISBN: 023061289X
Category : Political Science
Languages : en
Pages : 249
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Book Description
This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
