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Global Law: A Triple Challenge

Author : Mireille Delmas-Marty

Publisher : BRILL

Page : 171 pages

File Size : 13,51 MB

Release : 2021-09-13

Category : Law

ISBN : 9004478531

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Book Description

The author addresses the question of whether globalization of law is possible in a world full of tensions due to an increase in economic inequality and the rise of national and regional differences. She discusses whether it is reasonable or imaginable to have an organized set of norms when the helter-skelter proliferation of norms and the displacement of landmarks create instead the impression of normative disorder. She then explores whether the globalization of law is ethically desirable, when none of our international institutions are currently able to guarantee respect for democratic values. Originally published in French under the title Trois Defis Pour Un Droit Mondial. Published under the Transnational Publishers imprint.



Reflections on Global Law

Author : Shavana Musa

Publisher : Martinus Nijhoff Publishers

Page : 242 pages

File Size : 10,25 MB

Release : 2013-11-21

Category : Law

ISBN : 9004260951

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Book Description

Reflections on Global Law provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines. In a globalised world, it is important that one is able to look beyond the "local", given that there are now a whole host of different types of jurisdictions at work. This book touches upon the interdisciplinary character and complexities of global law and demonstrates the further need, within academia, to delve into this newly emerging field of law.



The Pillars of Global Law

Author : Giuliana Ziccardi Capaldo

Publisher : Routledge

Page : 452 pages

File Size : 50,39 MB

Release : 2016-02-24

Category : Law

ISBN : 1317021347

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Book Description

This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.



Values in Global Administrative Law

Author : Gordon Anthony

Publisher : Bloomsbury Publishing

Page : 446 pages

File Size : 37,80 MB

Release : 2011-02-14

Category : Law

ISBN : 1847316271

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Book Description

Global Administrative Law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. The present collection brings together some of the leading scholars working in the field of global administrative law to address past and future challenges related to global governance. Each of the contributions picks up on the more general theme of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest to public lawyers, social and political scientists and scholars of international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance.



The End of Reciprocity

Author : Mark Osiel

Publisher : Cambridge University Press

Page : 669 pages

File Size : 12,53 MB

Release : 2009-03-09

Category : Law

ISBN : 1139475479

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Book Description

Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.



Ordering Pluralism

Author : Mireille Delmas-Marty

Publisher : Bloomsbury Publishing

Page : 196 pages

File Size : 47,52 MB

Release : 2009-08-25

Category : Law

ISBN : 1847315313

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Book Description

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC



Irresolvable Norm Conflicts in International Law

Author : Valentin Jeutner

Publisher : Oxford University Press

Page : 209 pages

File Size : 36,57 MB

Release : 2017-07-14

Category : Law

ISBN : 0192536044

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Book Description

Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.



Human Rights

Author : Albert A. Zinnos

Publisher : Nova Publishers

Page : 170 pages

File Size : 46,10 MB

Release : 2007

Category : Political Science

ISBN : 9781594545764

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Book Description

Human rights refers to the concept of human beings as having universal rights, or status, regardless of legal jurisdiction, and likewise other localising factors, such as ethnicity and nationality. For many, the concept of "human rights" is based in religious principles. However, because a formal concept of human rights has not been universally accepted, the term has some degree of variance between its use in different local jurisdictions -- difference in both meaningful substance as well as in protocols for and styles of application. Ultimately the most general meaning of the term is one which can only apply universally, and hence the term "human rights" is often itself an appeal to such transcended principles, without basing such on existing legal concepts. The term "humanism" refers to the developing doctrine of such universally applicable values, and it is on the basic concept that human beings have innate rights, that more specific local legal concepts are often based. Within particular societies, "human rights" refers to standards of behaviour as accepted within their respective legal systems regarding 1) the well being of individuals, 2) the freedom and autonomy of individuals, and 3) the representation of the human interest in government. These rights commonly include the right to life, the right to an adequate standard of living, the prohibition of genocide, freedom from torture and other mistreatment, freedom of expression, freedom of movement, the right to self-determination, the right to education, and the right to participation in cultural and political life. These norms are based on the legal and political traditions of United Nations member states and are incorporated into international human rights instruments. This new book brings together the latest book literature centred on this crucial topic.



The Knowledge Economy, Language and Culture

Author : Glyn Williams

Publisher : Multilingual Matters

Page : 258 pages

File Size : 10,24 MB

Release : 2010-03-24

Category : Social Science

ISBN : 1847694500

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Book Description

Together with changes in the nature of modernity, globalisation is restructuring society. The sovereignty of the nation-state is undermined, the structuring of identity is realigned and a sense of individualism (which involves a freedom of choice re institutional alignments) prevails. English emerges as the global lingua franca. At the heart of these developments is the knowledge economy within which work is organised according to principles quite different from those of the Taylorism that prevailed in the industrial economy. Language and culture play a crucial role in the elaboration of the shared meaning that is crucial for learning within team working. The book argues that creativity is enhanced by the use of multilingualism within working practices. It concludes with an overview of how our understanding of language is also changing.



Guide to the English School in International Studies

Author : Cornelia Navari

Publisher : John Wiley & Sons

Page : 400 pages

File Size : 31,9 MB

Release : 2013-11-14

Category : Political Science

ISBN : 1118624769

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Book Description

Bringing together the latest scholarship from a global group of expert contributors, this guide offers a comprehensive examination of the English School approach to the study of international relations. Explains the major ideas of the British Committee on International Relations, including the idea of and institutions connected to an international society, the emerging notion of world society, and order within international relations Describes the English School’s methods of analyzing themes, trends, and dilemmas Focuses on the historical and geographical expansion of international society, and particularly on the effects of colonization and imperialism Serves as an essential reference for students, researchers, and academics in international relations