Transnational Legal Orders

Transnational Legal Orders
Author: Terence C. Halliday
Publisher: Cambridge University Press
Total Pages: 559
Release: 2015-01-19
Genre: Business & Economics
ISBN: 1107069920

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Transnational Legal Ordering and State Change

Transnational Legal Ordering and State Change
Author: Gregory C. Shaffer
Publisher: Cambridge University Press
Total Pages: 271
Release: 2013
Genre: Law
ISBN: 1107026113

Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.

Transnational Legal Ordering of Criminal Justice

Transnational Legal Ordering of Criminal Justice
Author: Gregory Shaffer
Publisher: Cambridge University Press
Total Pages: 411
Release: 2020-07-02
Genre: Law
ISBN: 1108836585

A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

Constitution-Making and Transnational Legal Order

Constitution-Making and Transnational Legal Order
Author: Gregory Shaffer
Publisher: Cambridge University Press
Total Pages: 335
Release: 2019-04-18
Genre: Law
ISBN: 1108473105

Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.

Ordering Pluralism

Ordering Pluralism
Author: Mireille Delmas-Marty
Publisher: Bloomsbury Publishing
Total Pages: 196
Release: 2009-08-25
Genre: Law
ISBN: 1847315313

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

State Responsibility in the International Legal Order

State Responsibility in the International Legal Order
Author: Katja Creutz
Publisher: Cambridge University Press
Total Pages: 379
Release: 2020-09-24
Genre: Law
ISBN: 1108788696

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

Dealing in Virtue

Dealing in Virtue
Author: Yves Dezalay
Publisher: University of Chicago Press
Total Pages: 364
Release: 1996
Genre: Business & Economics
ISBN: 9780226144238

With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.

China, State Sovereignty and International Legal Order

China, State Sovereignty and International Legal Order
Author: Phil C.W. Chan
Publisher: Hotei Publishing
Total Pages: 367
Release: 2015-05-19
Genre: Law
ISBN: 9004288376

China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.

The Fundamental Rules of the International Legal Order

The Fundamental Rules of the International Legal Order
Author: Christian Tomuschat
Publisher: BRILL
Total Pages: 483
Release: 2006
Genre: Law
ISBN: 9004149813

This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.