Harmonizing Law in an Era of Globalization

Harmonizing Law in an Era of Globalization PDF Author: Larry Catá Backer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 408

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Book Description
The essays in this book highlight the most important ways in which domestic, international, public, and private legal systems interact with each other. The initial essays provide a theoretical overview of the study of legal harmonization--that is, of the nature and character of communication, accommodation, amalgamation, or resistance among legal systems. These interactions occur within horizontal relationships, between political institutions operating at the same level of authority. Vertical relationships between political institutions whose relationships are hierarchical have given rise to different patterns of interaction. New legal orders are being created through the adoption of international legal instruments that may reach nation-states, private entities, and individuals. Each has the potential for significantly affecting the sources of authority over public and private actors. Other essays illustrate the many ways in which communication between legal systems produce very real, if very different, effects across the world. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "[T]he individual essays may be profitably used to illustrate and discuss harmonization among both legal systems and political systems. In particular, the essays on South Africa, on Mercosur, and on Islam raise some distinct challenges and clear issues for scholars and students of globalization, both from a legal and a political science perspective." -- Law & Politics Book Review

Harmonizing Law in an Era of Globalization

Harmonizing Law in an Era of Globalization PDF Author: Larry Catá Backer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 408

Get Book

Book Description
The essays in this book highlight the most important ways in which domestic, international, public, and private legal systems interact with each other. The initial essays provide a theoretical overview of the study of legal harmonization--that is, of the nature and character of communication, accommodation, amalgamation, or resistance among legal systems. These interactions occur within horizontal relationships, between political institutions operating at the same level of authority. Vertical relationships between political institutions whose relationships are hierarchical have given rise to different patterns of interaction. New legal orders are being created through the adoption of international legal instruments that may reach nation-states, private entities, and individuals. Each has the potential for significantly affecting the sources of authority over public and private actors. Other essays illustrate the many ways in which communication between legal systems produce very real, if very different, effects across the world. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "[T]he individual essays may be profitably used to illustrate and discuss harmonization among both legal systems and political systems. In particular, the essays on South Africa, on Mercosur, and on Islam raise some distinct challenges and clear issues for scholars and students of globalization, both from a legal and a political science perspective." -- Law & Politics Book Review

Globalization and the Harmonization of Law

Globalization and the Harmonization of Law PDF Author: Jarrod Wiener
Publisher: Pinter
ISBN:
Category : Law
Languages : en
Pages : 248

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Book Description
Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues. Concentrating on one aspect of sovereignty, that of protective jurisdiction, Wiener examines the USA and the states of the European Union as actors that are highly integrated into transnational practices, and takes international banking, money laundering, and the Internet as case studies. Wiener believes that the challenge to sovereignty from these practices comes from deregulation and liberalization of public policy, with the consequent empowerment of civil society actors who are transnationally mobile. In response, states are pursuing a two-fold strategy to assert control. The first is "domestication", which is the formulation of municipal law to control the activities of individuals and to localize control on the territory of the state. The second process is that of "harmonization" of laws across borders, which standardizes the means of controlling civil society actors.

Globalization and Private Law

Globalization and Private Law PDF Author: Michael Faure
Publisher: Edward Elgar Publishing
ISBN: 1849805210
Category : Law
Languages : en
Pages : 509

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Book Description
This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Adjudicating Trade and Investment Disputes

Adjudicating Trade and Investment Disputes PDF Author: Szilárd Gáspár-Szilágyi
Publisher: Cambridge University Press
ISBN: 1108487408
Category : Business & Economics
Languages : en
Pages : 341

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Book Description
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.

Dynamics of Energy Governance in Europe and Russia

Dynamics of Energy Governance in Europe and Russia PDF Author: C. Kuzemko
Publisher: Springer
ISBN: 0230370942
Category : Political Science
Languages : en
Pages : 292

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Book Description
Energy in Europe and Russia is in flux. This book presents a rich set of case studies for analyzing the complex and intertwined regional dynamics of multiple actors, levels, and policy fields in energy throughout Europe and Russia, with the aim of offering an alternative view to the prevalent geopolitical or neoliberal approaches.

Towards Convergence in International Human Rights Law

Towards Convergence in International Human Rights Law PDF Author: Carla M. Buckley
Publisher: BRILL
ISBN: 9004284257
Category : Law
Languages : en
Pages : 685

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Book Description
In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.

The Many Lives of Transnational Law

The Many Lives of Transnational Law PDF Author: Peer Zumbansen
Publisher: Cambridge University Press
ISBN: 1108490263
Category : Law
Languages : en
Pages : 539

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Book Description
Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Promoting Accountability under International Law for Gross Human Rights Violations in Africa

Promoting Accountability under International Law for Gross Human Rights Violations in Africa PDF Author: Charles Chernor Jalloh
Publisher: BRILL
ISBN: 9004271759
Category : Law
Languages : en
Pages : 657

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Book Description
Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.

Transnational Legal Orders

Transnational Legal Orders PDF Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559

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Book Description
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.

Research Handbook on Sovereign Wealth Funds and International Investment Law

Research Handbook on Sovereign Wealth Funds and International Investment Law PDF Author: Fabio Bassan
Publisher: Edward Elgar Publishing
ISBN: 1781955204
Category : Law
Languages : en
Pages : 464

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Book Description
Research on the role of sovereign investments in a time of crisis is still unsatisfactory. This Research Handbook illustrates the state of the art of the legal investigation on sovereign investments, filling necessary gaps in previous research. Current