Download or read book Governance and International Legal Theory written by I.F. Dekker and published by Springer. This book was released on 2014-11-14 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the above-mentioned topics from a multidisciplinary perspective.
Download or read book The Future of International Law written by Joel P. Trachtman and published by Cambridge University Press. This book was released on 2013-02-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.
Download or read book Authorities written by Nicole Roughan and published by . This book was released on 2013-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of "relative authority." This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2013-04-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving how law relates to normative orders.
Download or read book Globalisation and Legal Theory written by William Twining and published by Cambridge University Press. This book was released on 2000-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text makes the case for a revival of general jurisprudence in response to globalisation.
Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Download or read book Rule of Law and Areas of Limited Statehood written by Linda Hamid and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.
Download or read book Authority in Transnational Legal Theory written by Roger Cotterrell and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Download or read book A Theory of Global Governance written by Michael Zürn and published by Oxford University Press. This book was released on 2018-03-09 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a major new theory of global governance, explaining both its rise and what many see as its current crisis. The author suggests that world politics is now embedded in a normative and institutional structure dominated by hierarchies and power inequalities and therefore inherently creates contestation, resistance, and distributional struggles. Within an ambitious and systematic new conceptual framework, the theory makes four key contributions. Firstly, it reconstructs global governance as a political system which builds on normative principles and reflexive authorities. Second, it identifies the central legitimation problems of the global governance system with a constitutionalist setting in mind. Third, it explains the rise of state and societal contestation by identifying key endogenous dynamics and probing the causal mechanisms that produced them. Finally, it identifies the conditions under which struggles in the global governance system lead to decline or deepening. Rich with propositions, insights, and evidence, the book promises to be the most important and comprehensive theoretical argument about world politics of the 21st century.
Download or read book International Legal Theory written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2022-08-04 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
Download or read book The Future of International Law written by Joel P. Trachtman and published by Cambridge University Press. This book was released on 2014-05-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is changing rapidly, and there are increasing calls for international legal responses. There is and will be increasing social change in areas such as globalization, development, demography, democratization, and technology. Because of this change, international relations does and will occupy an expanding proportion of the concerns of citizens and the responsibilities of states. This will drive greater production of international law and organizational structures. The resulting denser body of law and organizations will take on more prominent governmental functions. It is in this sense that the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern. On this basis, the book predicts that a more extensive, powerful, and varied international legal system will be needed to cope with future opportunities and challenges.
Download or read book Global Civil Society in International Lawmaking and Global Governance written by Barbara Woodward and published by BRILL. This book was released on 2010-05-17 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law scholarship has not adequately recognised the magnitude of the role of ‘global civil society’ in ‘global governance’ and ‘international lawmaking.’ Building upon theoretical, historical and legal scholarship and presenting studies of GCS actor practice in a wide range of lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book convincingly demonstrates that GCS actors have created and influenced the creation of norms of binding public international law and influential non-binding ‘soft’ or non-law. It presents a compelling case that calls for augmenting GCS access to information, participation in legal decision-making processes for those likely to be affected, and access justice thereby enhancing the legitimacy of public international law.
