Author: Pieter J. Slot
Publisher: Kluwer Law International B.V.
ISBN: 9041123075
Category : Law
Languages : en
Pages : 323
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.
Globalisation and Jurisdiction
Author: Pieter J. Slot
Publisher: Kluwer Law International B.V.
ISBN: 9041123075
Category : Law
Languages : en
Pages : 323
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.
Publisher: Kluwer Law International B.V.
ISBN: 9041123075
Category : Law
Languages : en
Pages : 323
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.
Human Rights and the Dark Side of Globalisation
Author: Thomas Gammeltoft-Hansen
Publisher: Taylor & Francis
ISBN: 1315408252
Category : Law
Languages : en
Pages : 381
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.
Publisher: Taylor & Francis
ISBN: 1315408252
Category : Law
Languages : en
Pages : 381
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.
The Oxford Handbook of Jurisdiction in International Law
Author: Stephen Allen
Publisher: Oxford University Press
ISBN: 0191089370
Category : Law
Languages : en
Pages : 655
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.
Publisher: Oxford University Press
ISBN: 0191089370
Category : Law
Languages : en
Pages : 655
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.
Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
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.
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
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.
The Politics of the Globalization of Law
Author: Alison Brysk
Publisher: Routledge
ISBN: 1135076030
Category : Political Science
Languages : en
Pages : 218
Book Description
How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.
Publisher: Routledge
ISBN: 1135076030
Category : Political Science
Languages : en
Pages : 218
Book Description
How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.
The Globalization of International Law
Author: PaulSchiff Berman
Publisher: Routledge
ISBN: 1351543970
Category : History
Languages : en
Pages : 699
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.
Publisher: Routledge
ISBN: 1351543970
Category : History
Languages : en
Pages : 699
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.
Has Globalization Gone Too Far?
Author: Dani Rodrik
Publisher: Peterson Institute
ISBN: 0881325252
Category :
Languages : en
Pages : 121
Book Description
Publisher: Peterson Institute
ISBN: 0881325252
Category :
Languages : en
Pages : 121
Book Description
The Globalization of Human Rights
Author: Jean-Marc Coicaud
Publisher: Brookings Institution Press
ISBN:
Category : Law
Languages : en
Pages : 228
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.
Publisher: Brookings Institution Press
ISBN:
Category : Law
Languages : en
Pages : 228
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.
Territoriality and Conflict in an Era of Globalization
Author: Miles Kahler
Publisher: Cambridge University Press
ISBN: 113945269X
Category : Political Science
Languages : en
Pages : 245
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.
Publisher: Cambridge University Press
ISBN: 113945269X
Category : Political Science
Languages : en
Pages : 245
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.
Globalization and International Law
Author: D. Bederman
Publisher: Springer
ISBN: 023061289X
Category : Political Science
Languages : en
Pages : 249
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.
Publisher: Springer
ISBN: 023061289X
Category : Political Science
Languages : en
Pages : 249
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.