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Author: Pierre Larouche
Publisher: Springer Science & Business Media
ISBN: 9067048852
Category : Law
Languages : en
Pages : 386
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Book Description
This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
Author: Pierre Larouche
Publisher: Springer Science & Business Media
ISBN: 9067048852
Category : Law
Languages : en
Pages : 386
Get Book Here
Book Description
This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
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: William Twining
Publisher: Cambridge University Press
ISBN: 9780521605946
Category : Law
Languages : en
Pages : 300
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Book Description
The text makes the case for a revival of general jurisprudence in response to globalisation.
Author: Jean L. Cohen
Publisher: Cambridge University Press
ISBN: 1139560263
Category : Political Science
Languages : en
Pages : 455
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Book Description
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Author: Lawrence O. Gostin
Publisher: Harvard University Press
ISBN: 0674369882
Category : Law
Languages : en
Pages : 461
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Book Description
The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.
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.
Author: Laurent Cohen-Tanugi
Publisher: Columbia University Press
ISBN: 0231517904
Category : Political Science
Languages : en
Pages : 169
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Book Description
Contrary to an optimistic vision of a world "flattened" by the virtues of globalization, the sustainability and positive outcomes of economic and political homogenization are far from guaranteed. For better and for worse, globalization has become the most powerful force shaping the world's geopolitical landscape, whether it has meant integration or fragmentation, peace or war. The future partly depends on how new economic giants such as China, India, and others make use of their power. It also depends on how well Western democracies can preserve their tenuous hold on leadership, cohesion, and the pursuit of the common good. Offering the most comprehensive analysis of world politics to date, Laurent Cohen-Tanugi takes on globalization's cheerleaders and detractors, who, in their narrow focus, have failed to recognize the full extent to which globalization has become a geopolitical phenomenon. Offering an interpretative framework for thought and action, Cohen-Tanugi suggests how we should approach our new "multipolar" world a world that is anything but the balanced and harmonious system many welcomed as a desirable alternative to the "American Empire." Cohen-Tanugi's point is not that the major trends of economic globalization, technological revolution, regional integration, and democratic progress are no longer at work. His argument is that economic globalization exists in a complex dialectic with the traditional geopolitics it has, ironically, helped to revive. This tension has created an ambivalent world that requires democracies to operate in two realms: the realm of economic integration and multilateralism or peaceful, astrategic, "postmodern" internationalism and the more traditional, even regressive realm of confrontation between national and regional strategies of power fought against a background of terrorism, civil wars, and nuclear proliferation.
Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108841724
Category : Law
Languages : en
Pages : 325
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Book Description
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author: Ingrid Detter Delupis
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 622
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Book Description
This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
