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| Author | : Jarrod Wiener |
| Publisher | : Burns & Oates |
| Total Pages | : 248 |
| Release | : 1999 |
| Genre | : Commercial law |
| ISBN | : |
Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues.
| Author | : William Twining |
| Publisher | : Cambridge University Press |
| Total Pages | : 300 |
| Release | : 2000-03 |
| Genre | : Law |
| ISBN | : 9780521605946 |
The text makes the case for a revival of general jurisprudence in response to globalisation.
| Author | : Larry Catá Backer |
| Publisher | : |
| Total Pages | : 408 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : |
The essays in this book highlight the most important ways in which domestic, international, public, and private legal systems interact with each other. The initial essays provide a theoretical overview of the study of legal harmonization--that is, of the nature and character of communication, accommodation, amalgamation, or resistance among legal systems. These interactions occur within horizontal relationships, between political institutions operating at the same level of authority. Vertical relationships between political institutions whose relationships are hierarchical have given rise to different patterns of interaction. New legal orders are being created through the adoption of international legal instruments that may reach nation-states, private entities, and individuals. Each has the potential for significantly affecting the sources of authority over public and private actors. Other essays illustrate the many ways in which communication between legal systems produce very real, if very different, effects across the world. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "[T]he individual essays may be profitably used to illustrate and discuss harmonization among both legal systems and political systems. In particular, the essays on South Africa, on Mercosur, and on Islam raise some distinct challenges and clear issues for scholars and students of globalization, both from a legal and a political science perspective." -- Law & Politics Book Review
| Author | : Pierre Larouche |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 386 |
| Release | : 2012-11-27 |
| Genre | : Law |
| ISBN | : 9067048852 |
This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
| Author | : Michael G. Faure |
| Publisher | : Edward Elgar Pub |
| Total Pages | : 488 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9781848447608 |
"The project which inspired this book was based on cooperation between the Ius Commune Research School and the law faculty of Stellenbosch University in South Africa. The chapters in this book are based upon papers that were presented at two conferences held in December 2007 and December 2008 in Stellenbosch (South Africa)."--P. 4.
| Author | : Junji Nakagawa |
| Publisher | : |
| Total Pages | : 409 |
| Release | : 2011 |
| Genre | : Business & Economics |
| ISBN | : 0199604665 |
With the advancing globalization of the world economy, domestic economic regulations are becoming more and more subject to efforts at international harmonization. This book presents an analysis of this worldwide phenomenon from both a legal and a politico-economic perspective by focusing on (1) the backgrounds and objectives of international harmonization, (2) the negotiating processes involved, and (3) the impact of harmonization on domestic laws and their administration. International harmonization is discussed in a wide range of cases including trade-related regulations, technical standards and food safety standards, intellectual property rights, labour standards, competition law and policy, financial regulations, and regulations concerning transnational economic crime. Drawing on a wide range of materials and applying a unified analytical framework based on theoretical as well as practical observations, the book surveys this much debated topic in a comprehensive and accessible way. It thus contributes to a better understanding of both the chances and the challenges of globalization and global governance today.
| Author | : D. Bederman |
| Publisher | : Springer |
| Total Pages | : 249 |
| Release | : 2008-06-23 |
| Genre | : Political Science |
| ISBN | : 023061289X |
This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
| Author | : Jarrod Wiener |
| Publisher | : Pinter |
| Total Pages | : 248 |
| Release | : 1999-10 |
| Genre | : Law |
| ISBN | : |
Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues. Concentrating on one aspect of sovereignty, that of protective jurisdiction, Wiener examines the USA and the states of the European Union as actors that are highly integrated into transnational practices, and takes international banking, money laundering, and the Internet as case studies. Wiener believes that the challenge to sovereignty from these practices comes from deregulation and liberalization of public policy, with the consequent empowerment of civil society actors who are transnationally mobile. In response, states are pursuing a two-fold strategy to assert control. The first is "domestication", which is the formulation of municipal law to control the activities of individuals and to localize control on the territory of the state. The second process is that of "harmonization" of laws across borders, which standardizes the means of controlling civil society actors.
| 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 | : Lawrence O. Gostin |
| Publisher | : Harvard University Press |
| Total Pages | : 461 |
| Release | : 2014-03-31 |
| Genre | : Law |
| ISBN | : 0674369882 |
The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.
