Global Order Beyond Law
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Author | : Thomas Dietz |
Publisher | : Bloomsbury Publishing |
Total Pages | : 241 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1782253920 |
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Author | : Nico Krisch |
Publisher | : Oxford University Press, USA |
Total Pages | : 383 |
Release | : 2010-10-28 |
Genre | : Law |
ISBN | : 0199228310 |
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author | : Paul Schiff Berman |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2012-02-27 |
Genre | : 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 | : Carmen E. Pavel |
Publisher | : Oxford University Press |
Total Pages | : 217 |
Release | : 2021 |
Genre | : Business & Economics |
ISBN | : 0197543898 |
"At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility towards it abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level, namely the promotion of peace, the protection of individual rights, the facilitation of extensive, complex forms of cooperation and the resolution of collective action problems also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice"--
Author | : Lucrecia GarcĂa Iommi |
Publisher | : University of Michigan Press |
Total Pages | : 365 |
Release | : 2022-07-26 |
Genre | : Law |
ISBN | : 0472055410 |
Why U.S. support for international law is so inconsistent
Author | : Nico Krisch |
Publisher | : Cambridge University Press |
Total Pages | : 521 |
Release | : 2021-11-11 |
Genre | : Law |
ISBN | : 1108843069 |
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Author | : Ingrid Detter Delupis |
Publisher | : Dartmouth Publishing Company |
Total Pages | : 622 |
Release | : 1994 |
Genre | : Law |
ISBN | : |
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.
Author | : Anne Peters |
Publisher | : Cambridge University Press |
Total Pages | : 645 |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1107164303 |
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author | : Sam Adelman |
Publisher | : Routledge |
Total Pages | : 258 |
Release | : 2022-04-27 |
Genre | : Law |
ISBN | : 1351427482 |
The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.
Author | : Erik J. Molenaar |
Publisher | : BRILL |
Total Pages | : 272 |
Release | : 2010-02-08 |
Genre | : Law |
ISBN | : 904742428X |
States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction? This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.