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Author: Franz von Benda-Beckmann
Publisher: Berghahn Books
ISBN: 0857456156
Category : Law
Languages : en
Pages : 273
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Book Description
How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.
Author: Donald Earl Childress
Publisher: Aspen Publishing
ISBN: 1543817521
Category : Law
Languages : en
Pages : 1056
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Book Description
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 Practiceemphasizes 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.
Author: Peer Zumbansen
Publisher:
ISBN: 9781108748346
Category : Conflict of laws
Languages : en
Pages :
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Book Description
"In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many Nation States. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today"--
Author: Philip Caryl Jessup
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 136
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Book Description
Author: Emanuel Deutschmann
Publisher: Princeton University Press
ISBN: 0691226504
Category : Social Science
Languages : en
Pages : 266
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Book Description
A study of the structure, growth, and future of transnational human travel and communication Increasingly, people travel and communicate across borders. Yet, we still know little about the overall structure of this transnational world. Is it really a fully globalized world in which everything is linked, as popular catchphrases like “global village” suggest? Through a sweeping comparative analysis of eight types of mobility and communication among countries worldwide—from migration and tourism to Facebook friendships and phone calls—Mapping the Transnational World demonstrates that our behavior is actually regionalized, not globalized. Emanuel Deutschmann shows that transnational activity within world regions is not so much the outcome of political, cultural, or economic factors, but is driven primarily by geographic distance. He explains that the spatial structure of transnational human activity follows a simple mathematical function, the power law, a pattern that also fits the movements of many other animal species on the planet. Moreover, this pattern remained extremely stable during the five decades studied—1960 to 2010. Unveiling proximity-induced regionalism as a major feature of planet-scale networks of transnational human activity, Deutschmann provides a crucial corrective to several fields of research. Revealing why a truly global society is unlikely to emerge, Mapping the Transnational World highlights the essential role of interaction beyond borders on a planet that remains spatially fragmented.
Author: Alfred C. Aman, Jr.
Publisher:
ISBN: 9781422496404
Category : Conflict of laws
Languages : en
Pages : 702
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Book Description
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.--
Author: Roger Cotterrell
Publisher: Edward Elgar Publishing
ISBN: 1784711624
Category : Law
Languages : en
Pages : 441
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Book Description
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.
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: Susan K. Sell
Publisher: Cambridge University Press
ISBN: 9780521525398
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Author: Nina Reiners
Publisher: Cambridge University Press
ISBN: 1108845541
Category : Law
Languages : en
Pages : 215
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Book Description
Explores how expert bodies and non-state empowered professionals come together to shape human rights law.
Author: Pieter H. F. Bekker
Publisher: Cambridge University Press
ISBN: 1139492144
Category : Law
Languages : en
Pages : 719
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Book Description
This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.
