Constitutionalizing Economic Globalization

Constitutionalizing Economic Globalization
Author: David Schneiderman
Publisher: Cambridge University Press
Total Pages: 60
Release: 2008-03-27
Genre: Law
ISBN: 1139470094

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

The Constitutionalization of the Global Corporate Sphere?

The Constitutionalization of the Global Corporate Sphere?
Author: Grahame Thompson
Publisher: Oxford University Press on Demand
Total Pages: 236
Release: 2012-10-25
Genre: Business & Economics
ISBN: 019959483X

The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level.

Multinationals and the Constitutionalization of the World Power System

Multinationals and the Constitutionalization of the World Power System
Author: Jean-Philippe Robe
Publisher: Routledge
Total Pages: 367
Release: 2016-06-03
Genre: Law
ISBN: 131709333X

This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.

Order from Transfer

Order from Transfer
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
Total Pages: 383
Release: 2013-01-01
Genre: Law
ISBN: 1781952116

ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Constitutionalizing World Politics

Constitutionalizing World Politics
Author: Karolina M. Milewicz
Publisher: Cambridge University Press
Total Pages: 373
Release: 2020-07-23
Genre: Law
ISBN: 1108835090

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.

The Global Debate Over Constitutional Property

The Global Debate Over Constitutional Property
Author: Gregory S. Alexander
Publisher: ReadHowYouWant.com
Total Pages: 654
Release: 2011-07-29
Genre: Law
ISBN: 1459624548

Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...

A Perilous Imbalance

A Perilous Imbalance
Author: Stephen Clarkson
Publisher: UBC Press
Total Pages: 363
Release: 2009-12-21
Genre: Political Science
ISBN: 0774859164

Through an examination of Canadians' complicated roles as agents and objects of globalization, this book shows how Canada's experience of and contribution to globalized governance is characterized by serious imbalances. It explores these imbalances by tracing three interlinked developments: the emergence of a neoconservative supraconstitution, the transformation of the nation-state, and the growth of governance beyond the nation-state. Advocating a revitalized Canadian state as a vehicle for pursuing human security, ecological integrity, and social emancipation, and for creating spaces in which progressive, alternative forms of law and governance can unfold, this book offers a compelling analysis of the challenges that middle powers and their citizens face in a globalizing world.

Global Technology and Legal Theory

Global Technology and Legal Theory
Author: Guilherme Cintra Guimarães
Publisher: Routledge
Total Pages: 195
Release: 2019-06-05
Genre: Law
ISBN: 0429594623

The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.

Efficiency, Equity, and Legitimacy

Efficiency, Equity, and Legitimacy
Author: Roger B. Porter
Publisher: Brookings Institution Press
Total Pages: 468
Release: 2001
Genre: Political Science
ISBN: 9780815771630

Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. This collection of essays examine several key issues at the heart of the debate over the multilateral trading system.