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Author: Bettina Lemann Kristiansen
Publisher: Routledge
ISBN: 0429678975
Category : Law
Languages : en
Pages : 315
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Book Description
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.
Author: Bettina Lemann Kristiansen
Publisher: Routledge
ISBN: 0429678975
Category : Law
Languages : en
Pages : 315
Get Book Here
Book Description
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.
Author: Antonius Johannes Gerhardus Tijhuis
Publisher:
ISBN: 9789058501950
Category : Antiquities
Languages : en
Pages : 0
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Book Description
This study focuses on the interfaces between legal and illegal actors engaging in transnational crimes. These interfaces can be quite complex as the cases of Udo Proksch and Cornelius M. illustrate. Due to this complexity, such cases and the related interfaces cannot be caught easily with clear-cut and mutually excluding categories like 'transnational (organized) crime' versus 'legitimate' businesses and government agencies. The boundaries between transnational crime, terrorism, corporate crime and state crime fade away as one focuses on such concrete cases. As the rest of this study will show, the characteristics of these cases appear to be far more representative of transnational crimes in general than usually assumed. For a number of reasons, a study that focuses solely on interfaces can be an important and necessary addition to the existing criminological studies. The first reason has to do with the mentioned lack of systematic studies of the interfaces between legal and illegal actors. The second reason has to do with the observation mentioned above. By studying interfaces between legal and illegal actors, the rather thin boundaries between transnational crime, corporate crime and other types of crime become clear. Only after these boundaries are crossed, or even leveled, transnational crimes can be understood from a broader perspective. From such a perspective, transnational crimes are always taking place against a specific background of economic factors, state policies and legislation, as well as other factors. Thirdly, a systematic study of interfaces can help to indicate the different types and causes of interfaces that can be found in different types of transnational crime. Finally, as the role of legal actors with all kinds of transnational crimes is clarified, more effective legislative and policy instruments can be designed to counter this role. The first half of this study will be based on the literature on transnational crimes. The second half will describe the empirical research of the illicit art and antiquities trade that was done specifically for this study. The illicit art and antiquities trade was chosen for several reasons. On the one hand because it is a type of crime that is known for its interfaces between legal and illegal actors and on the other hand because empirical studies of this type of crime have been scarce, especially from a criminological perspective.
Author: Christian Brütsch
Publisher: Routledge
ISBN: 1134099223
Category : Law
Languages : en
Pages : 481
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Book Description
This volume addresses the emergence of multiple legal and law-like arrangements that alter the interaction between states, their delegated agencies, international organizations and non-state actors in international and transnational politics. Political scientists and legal scholars have been addressing the ‘legalization’ of international regimes and international politics, and engaging in interdisciplinary research on the nature, the causes and the effects of the norm driven controls over different areas and dimensions of global governance. Written by leading contributors in the field, the book claims that the emergence and spread of legal and law-like arrangements contributes to the transformation of world politics, arguing that ‘legalization’ does not only mean that states co-operate in more or less precise, binding and independent regimes, but also that different types of non-state actors can engage in the framing, definition, implementation and enforcement of legal and law-like norms and rules. To capture these diverse observations, the volume provides an interpretative framework that includes the increase in international law-making, the variation of legal and legalized regimes and the differentiation of legal and law-like arrangements. Law and Legalization in Transnational Relations is of interest to students and researchers of international politics, international relations and law.
Author: Carol J. Greenhouse
Publisher: University of Pennsylvania Press
ISBN: 0812252225
Category : Social Science
Languages : en
Pages : 328
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Book Description
International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering. Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces. Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.
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.
Author: Andreas Fischer-Lescano
Publisher:
ISBN: 9781780683966
Category : Human rights
Languages : en
Pages : 0
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Book Description
Migration crisis, food crisis, economic crisis-the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context? Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society? This book scrutinizes both the potentials and the boundaries of de-coupling the notion of "social rights" from the nation-state and of transfering it to the transnational sphere. By drawing on a critical theory of transnational law, it provides an in-depth analysis of the different sites where the struggle for social rights is at stake, such as with the emerging transnational food regime, the ILO, international environmental law, and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine, and relates these aspects to the social and political struggles which surround the transnationalization of social rights. Subject: Human Rights Law]
Author: Jaakko Husa
Publisher: Edward Elgar Publishing
ISBN: 178811647X
Category : Law
Languages : en
Pages : 206
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Book Description
This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.
Author: Luca Siliquini-Cinelli
Publisher: Springer Nature
ISBN: 3030247058
Category : Law
Languages : en
Pages : 315
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Book Description
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
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: Shaheen Sardar Ali
Publisher: Routledge
ISBN: 1317131592
Category : Law
Languages : en
Pages : 340
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Book Description
This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.
