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Globalisation Law and the State

Globalisation  Law and the State Author Jean-Bernard Auby
ISBN-10 9781509903542
Release 2017-02-23
Pages 228
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Globalisation, Law and the State begins – as is customary in globalisation literature – with an acknowledgement of the definitional difficulties associated with globalisation. Rather than labour the point, the book identifies some economic, political and cultural dimensions to the phenomenon and uses these to analyse existing and emerging challenges to State-centric and territorial models of law and governance. It surveys three areas that are typically associated with globalisation – financial markets, the internet, and public contracts – as well as trade more generally, the environment, human rights, and national governance. On this basis it considers how global legal norms are formed, how they enmesh with the norms of other legal orders, and how they create pressure for legal harmonisation. This, in turn, leads to an analysis of the corresponding challenges that globalisation presents to traditional notions of sovereignty and the models of public law that have grown from them. While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), Globalisation, Law and the State provides a clear insight into how the sovereign space of States and their legal orders are diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by an analysis of the theory and practice of the globalisation of law, and a suggestion that the workings of law in the global era can best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. This book is an immensely valuable, innovative and concise study of globalisation and its effect on law and the state.

The Globalization of International Law

The Globalization of International Law Author PaulSchiff Berman
ISBN-10 9781351543965
Release 2017-07-05
Pages 698
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'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

Nationalism and Globalisation

Nationalism and Globalisation Author Stephen Tierney
ISBN-10 9781509902071
Release 2015-10-08
Pages 274
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This book addresses a seemingly paradoxical situation. On the one hand, nationalism from Scotland to the Ukraine remains a resilient political dynamic, fostering secessionist movements below the level of the state. On the other, the competence and capacity of states, and indeed the coherence of nationalism as an ideology, are increasingly challenged by patterns of globalisation in commerce, cultural communication and constitutional authority beyond the state. It is the aim of this book to shed light on the relationship between these two processes, addressing why the political currency of nationalism remains strong even when the salience of its objective – independent and autonomous statehood – becomes ever more attenuated. The book takes an interdisciplinary approach both within law and beyond, with contributions from international law, constitutional law, constitutional theory, history, political science and sociology. The challenge for our time is considerable. Global networks grow ever more sophisticated while territorial borders, such as those in Eastern and Central Europe, become seemingly more unstable. It is hoped that this book, by bringing together areas of scholarship which have not communicated with one another as much as they might, will help develop an ongoing dialogue across disciplines with which better to understand these challenging, and potentially destabilising, developments.

The Law of Globalization

The Law of Globalization Author Laurence Boulle
ISBN-10 9789041128287
Release 2009
Pages 421
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There is a growing clamor and― particularly from the main beneficiaries of globalization and― that rules need to be established to govern the international economy, with a specific focus on questions such as copyright violations, trade sanctions, and protections for increased foreign investment. While there is little doubt that globalization is a major contributor to changes in the definition, boundaries and nature of law, the question remains as to how much law and regulation from different sources is compatible with the assumptions of economic globalization. From a market perspective the point at which state law and regulation move from and‘legitimateand’ non-economic interests into the and‘illegitimateand’ restriction of trade and investment will materialize much sooner than it will from other perspectives. These theoretical questions arise in concrete form for the decisions of international economic institutions such as the WTO. This thoughtful work focuses on the different forms of law which create the legal infrastructure of economic globalization and on how they interact with one another. It also explains how law is used both to maintain and oppose aspects of globalization. In addition it evaluates the governance of the global political economy in terms of the standards of the Rule of Law.

Authority and the Globalisation of Inclusion and Exclusion

Authority and the Globalisation of Inclusion and Exclusion Author Hans Lindahl
ISBN-10 9781107177000
Release 2018-08-31
Pages 464
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Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.

Human Rights and the Dark Side of Globalisation

Human Rights and the Dark Side of Globalisation Author Thomas Gammeltoft-Hansen
ISBN-10 9781315408248
Release 2016-12-08
Pages 380
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This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.

Constitutional Rights After Globalization

Constitutional Rights After Globalization Author Gavin W. Anderson
ISBN-10 9781841134482
Release 2005
Pages 156
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Constitutional Rights after Globalisation juxtaposes the globalization of the economy and the worldwide spread of constitutional charters of rights. The shift of political authority to powerful economic actors entailed by neo-liberal globalization challenges the traditional state-centered focus of constitutional law. Contemporary debate has responded to this challenge in normative terms, whether by reinterpreting rights or redirecting their ends, e.g. to reach private actors. However, globalization undermines the liberal legalist epistemology on which these approaches rest, by positing the existence of multiple sites of legal production, (e.g. multinational corporations) beyond the state. This dynamic, between globalization and legal pluralism on one side, and rights constitutionalism on the other, provides the context for addressing the question of rights constitutionalism's counterhegemonic potential. The competing liberal and 'new' politics of definition (the latter highlighting how neoliberal values and institutions constrain political action) are contrasted to show how each advances different agenda. A comparative survey of constitutionalism's engagement with private power shows that conceiving of constitutions in the predominant liberal, legalist mode has broadly favored hegemonic interests.

International Law in the New Age of Globalization

International Law in the New Age of Globalization Author Andrew Byrnes
ISBN-10 9789004228818
Release 2013-03-08
Pages 464
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The essays in this volume address various challenges posed by globalization to the international legal order, in fields which include the use of force, humanitarian law, international trade and investment law, dispute resolution, human rights, and environmental law.

Globalisation and Governance

Globalisation and Governance Author Robert Schütze
ISBN-10 9781107129900
Release 2018-09-06
Pages 504
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This edited collection evaluates international and regional approaches to global governance problems, exploring solutions offered by the EU.

Lawyers and the Rule of Law in an Era of Globalization

Lawyers and the Rule of Law in an Era of Globalization Author Yves Dezalay
ISBN-10 9781136828744
Release 2011-01-30
Pages 279
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First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.

Globalisation and Labour Rights

Globalisation and Labour Rights Author Christine Kaufmann
ISBN-10 9781847313423
Release 2007-01-17
Pages 416
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In a world of work that has changed dramatically over the last few years, states see themselves confronted with new actors and conflicting international legal obligations. This book examines the tensions between core labour rights as defined by the International Labour Organisation, and the interests of international economic institutions (e.g. WTO, IMF, World Bank, OECD). It provides an analysis of the legal interactions between international regulations and state policy with regard to potential regulatory conflicts, at both the horizontal and vertical level. The study suggests a model of multilevel consistency as a way of reconciling the highly specialised and fragmented legal systems of core labour rights on the one hand, and trade liberalisation on the other, to form the coherent framework of a consistent legal order. Its detailed analysis and recommendations are designed for both academic readers and practitioners in international organisations and governments.

The Welfare State Globalization and International Law

The Welfare State  Globalization  and International Law Author Eyal Benvenisti
ISBN-10 9783642170089
Release 2011-06-27
Pages 448
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The book deals with the role of the international level in securing or supplementing national welfare functions. The authors evaluate the role of international labour law, social rights as human rights, the World Trade Organisation, non-governmental organisations and international taxation law, in the effort to maintain and promote welfare rights and the welfare state. The functions of national migration law and of social security law are analysed in case studies.

Globalization and Sovereignty

Globalization and Sovereignty Author Jean L. Cohen
ISBN-10 9780521765855
Release 2012-08-02
Pages 442
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Examines the way in which globalisation has affected our thinking about sovereignty, human rights, law and legitimacy.

Globalisation and the Western Legal Tradition

Globalisation and the Western Legal Tradition Author David B. Goldman
ISBN-10 9781139467353
Release 2008-02-07
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What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.

Values in Global Administrative Law

Values in Global Administrative Law Author Gordon Anthony
ISBN-10 9781847316271
Release 2011-02-14
Pages 446
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Global Administrative Law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. The present collection brings together some of the leading scholars working in the field of global administrative law to address past and future challenges related to global governance. Each of the contributions picks up on the more general theme of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest to public lawyers, social and political scientists and scholars of international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance.

Emerging legal certainty

Emerging legal certainty Author Volkmar Gessner
ISBN-10 1840144238
Release 1998
Pages 456
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Legal certainty has always been equated with efficient legal regulation and effective enforcement of law. In the international sphere, states and international organizations have developed legal structures (unified laws and conflict of laws rules) for regulating cross-border legal interactions between businesses or individuals. Yet, globalization processes of today seem to create almost insurmountable obstacles. Political science assumes a decreasing role of the state, sociology points to self-regulation in some areas of global communication and exchange. However, little empirical research has been carried out so far in order to put these theoretical assumptions to a rigid test. The contributions to this book aim at filling this gap. Legal as well as self-regulatory mechanisms for coordinating cross-border interactions are studied in the areas of debt collection, international banking, the reinsurance business, international migration, maintenance claims for children and the support given to internationally active business people by chambers of commerce and consular services. The concluding chapters of the book discuss theoretical issues which follow from these rich empirical observations. They point to a new concept of legal certainty emerging from the present globalization processes which is mainly based on professional roles and personal relations rather than norms and regulations.

Labour Law in an Era of Globalization

Labour Law in an Era of Globalization Author Joanne Conaghan
ISBN-10 019927181X
Release 2004
Pages 546
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Throughout the industrial world, the discipline of labour law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic, and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition, a decline in the capacity of the nation-state to steer economic progress, the ascendancy of fiscal austerity and monetarism over Keynesian/welfare state politics, the appearance of post-industrial production models, the proliferation of contingent employment relationships, the fragmentation of class-based identities and emergence of new social movements, and the significantly increased participation of women in paid work. These developments offer many appealing possibilities - the opportunity, for example, to contest the gender division of labour and re-think the boundaries between immigration and labour policy. But they also hold out quite threatening prospects - including increased unemployment and inequality and the decline of workers' organizations and social participation - in the context of proliferating constraints imposed by international financial pressures on enacting redistributive social and economic policies. New strategies must be developed to meet these challenges.These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyse, and respond to some of the conceptual and policy challenges posed by globalization.