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Governing Refugees

Governing Refugees Author Kirsten McConnachie
ISBN-10 9781135051341
Release 2014-04-24
Pages 200
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Refugee camps are imbued in the public imagination with assumptions of anarchy, danger and refugee passivity. Governing Refugees: Justice, Order and Legal Pluralism challenges such assumptions, arguing that refugee camps should be recognized as spaces where social capital can not only survive, but thrive. This book examines camp management and the administration of justice in refugee camps on the Thailand-Burma border. Emphasising the work of refugees themselves in coping with and adapting to encampment, it considers themes of agency, sovereignty and legal pluralism in an analysis of local governance and the production of order beyond the state. Governing Refugees will appeal to anyone with relevant interests in law, anthropology and criminology, as well as those working in the area of refugee studies.



Competition Laws Globalization and Legal Pluralism

Competition Laws  Globalization and Legal Pluralism Author Qianlan Wu
ISBN-10 9781782252207
Release 2014-07-18
Pages 242
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Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.



The Power Of Law In A Transnational World

The Power Of Law In A Transnational World Author Keebet von Benda-Beckmann
ISBN-10 9780857456168
Release 2013-07-15
Pages 280
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How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.



Justice Reform and Development

Justice Reform and Development Author Linn A. Hammergren
ISBN-10 9781317810261
Release 2014-04-29
Pages 278
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This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.



Violence Against Women in Legally Plural settings

Violence Against Women in Legally Plural settings Author Anna Barrera
ISBN-10 9781317385943
Release 2015-11-19
Pages 286
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This book addresses a growing area of concern for scholars and development practitioners: discriminatory gender norms in legally plural settings. Focusing specifically on indigenous women, this book analyses how they, often in alliance with supporters and allies, have sought to improve their access to justice. Development practitioners working in the field of access to justice have tended to conceive indigenous legal systems as either inherently incompatible with women’s rights or, alternatively, they have emphasised customary law’s advantageous features, such as its greater accessibility, familiarity and effectiveness. Against this background – and based on a comparison of six thus far underexplored initiatives of legal and institutional change in Ecuador, Peru, and Bolivia – Anna Barrera Vivero provides a more nuanced, ethnographic, understanding of how women navigate through context-specific constellations of interlegality in their search for justice. In so doing, moreover, her account of ongoing political debates and local struggles for gender justice grounds the elaboration of a comprehensive conceptual framework for understanding the legally plural dynamics involved in the contestation of discriminatory gender norms.



Law and Society in Latin America

Law and Society in Latin America Author Cesar Rodriguez Garavito
ISBN-10 9781136002403
Release 2014-09-04
Pages 294
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Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.



Legal Pluralism and Development

Legal Pluralism and Development Author Brian Z. Tamanaha
ISBN-10 9781107019409
Release 2012-05-28
Pages 250
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Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.



Transnational Legal Processes

Transnational Legal Processes Author Michael Likosky
ISBN-10 0406946744
Release 2002-04-01
Pages 505
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24 linked essays by leading scholars in international law and the social sciences.



A General Jurisprudence of Law and Society

A General Jurisprudence of Law and Society Author Brian Z. Tamanaha
ISBN-10 0199244669
Release 2001
Pages 263
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A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.



Fault Lines of Globalization

Fault Lines of Globalization Author Hans Lindahl
ISBN-10 9780199601684
Release 2013-09-26
Pages 286
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A distinctive contribution to the current debate about the nature of globalisation processes, this book examines the boundaries of legal and constitutional orders and the relationship of these boundary issues to the question of the political foundations and legitimacy of legal orders.



Passage of Change

Passage of Change Author Anita Jowitt
ISBN-10 9781921666896
Release 2010-11-01
Pages 357
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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.



Religious Pluralism Globalization and World Politics

Religious Pluralism  Globalization  and World Politics Author Thomas Banchoff
ISBN-10 9780199886623
Release 2008-11-26
Pages 360
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Globalization has spawned more active transnational religious communities, creating a powerful force in world affairs. Religious Pluralism, Globalization and World Politics, an incisive new collection of essays, explores the patterns of cooperation and conflict that mark this new religious pluralism. Shifting religious identities have encouraged interreligious dialogue and greater political engagement around global challenges including international development, conflict resolution, transitional justice, and bioethics. At the same time, interreligious competition has contributed to political conflict and running controversy over the meaning and scope of religious freedom. In this volume, leading scholars from a variety of disciplines examine how the forces of religious pluralism and globalization are playing out on the world stage.



Regional Autonomy Cultural Diversity and Differentiated Territorial Government

Regional Autonomy  Cultural Diversity and Differentiated Territorial Government Author Roberto Toniatti
ISBN-10 9781135070014
Release 2017-04-21
Pages 334
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First published in 2014. Routledge is an imprint of Taylor & Francis, an informa company.



Globalization and Sovereignty

Globalization and Sovereignty Author Jean L. Cohen
ISBN-10 9781139560269
Release 2012-08-02
Pages
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Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.



Globalization and Private Law

Globalization and Private Law Author Michael Faure
ISBN-10 9781849805216
Release 2010-01-01
Pages 512
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This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.



Policing and the Politics of Order Making

Policing and the Politics of Order Making Author Peter Albrecht
ISBN-10 9781317802457
Release 2014-10-30
Pages 202
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This anthology explores the political nature of making order through policing activities in densely populated spaces across Africa, Asia and Latin America. Based on ethnographic research, the chapters analyze this complex with respect to marginalized young men in Haiti, community policing members and national politicians in Swaziland as well as other individual and collective actors engaged in policing and politics in Indonesia, Swaziland, Ghana, South Africa, Mexico, Bolivia, Haiti and Sierra Leone. What these contexts have in common is a plurality of order-making practices. Not one institution monopolizes the means of violence or a de facto sovereign position to do so. A number of interests are played out simultaneously, entailing re-negotiations over the very definition of what ‘order’ is. How and by whom a particular order is enforced is contested, at times violently so, and is therefore inherently political. In the existing literature on weak states, legal pluralism and policing in the Global South it is seldom made explicit that making order is a route to power and positions of political decision-making. It is this gap in the literature that this anthology fills, as it analyses the politics at stake in processes of order-making.



The Dynamics of International Law in a Globalised World

The Dynamics of International Law in a Globalised World Author Matthias Herdegen
ISBN-10 3465042913
Release 2016-09-01
Pages 256
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In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.