Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 14,12 MB
Release : 2021
Category : Law
ISBN : 0197547419
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Author : Oren Perez
Publisher : Bloomsbury Publishing
Page : 308 pages
File Size : 11,37 MB
Release : 2004-06-30
Category : Law
ISBN : 1847311016
The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.
Author : Siddharth Peter de Souza
Publisher : Cambridge University Press
Page : 289 pages
File Size : 44,20 MB
Release : 2022-08-31
Category : Law
ISBN : 1009276271
Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 13,22 MB
Release : 2012-02-27
Category : Law
ISBN : 1107376912
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 : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 50,1 MB
Release : 2020-09-24
Category : Law
ISBN : 0197516742
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author :
Publisher : BRILL
Page : 396 pages
File Size : 50,53 MB
Release : 2023-08-28
Category : Law
ISBN : 9004680942
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
Page : 393 pages
File Size : 17,11 MB
Release :
Category :
ISBN : 3031519361
Author : Eric Yong Joong Lee
Publisher : Springer Nature
Page : 323 pages
File Size : 15,84 MB
Release : 2023-06-02
Category : Law
ISBN : 9811979677
This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.
Author : Terence C. Halliday
Publisher : Cambridge University Press
Page : 559 pages
File Size : 37,47 MB
Release : 2015-01-19
Category : Business & Economics
ISBN : 1107069920
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 : Matteo Nicolini
Publisher : Springer Nature
Page : 301 pages
File Size : 27,44 MB
Release : 2022-12-05
Category : Law
ISBN : 3031194101
This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publications. Against this backdrop, the book adopts a legal comparative perspective and assesses ‘normative spatialities’, which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographic features which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective. As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.
