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The Limits of Transnational Law

The Limits of Transnational Law Author Hélène Lambert
ISBN-10 9780521198202
Release 2010-03-18
Pages 261
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A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

The Limits of International Law

The Limits of International Law Author Jack L. Goldsmith
ISBN-10 9780199883370
Release 2005-02-03
Pages 272
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International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Transnational Legal Ordering and State Change

Transnational Legal Ordering and State Change Author Gregory C. Shaffer
ISBN-10 9781107026117
Release 2012-11-26
Pages 251
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Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.

Mass Refugee Influx and the Limits of Public International Law

Mass Refugee Influx and the Limits of Public International Law Author Ann Vibeke Eggli
ISBN-10 9041119213
Release 2002-01-01
Pages 319
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4.3. The Final Act.

Private International Law

Private International Law Author Mark Moiseevich Boguslavskiĭ
ISBN-10 9024736293
Release 1988-02-26
Pages 261
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A hands-on approach to the privatization process in Eastern Europe, divided into the following categories: Guidelines for Foreign Purchasers of State Enterprises A Business Survival Guide for Getting Things Done in Kiev Critical Challenges of Capital Formation The Greenfield Approach to Privatization Vouchers & their Practical Use Detailed Analysis of the Particulars of the Privatization Procedures in Russia, Ukraine, Poland, the Czech Republic & Slovakia, & Hungary. Furthermore, Privatization in Eastern Europe includes a list of all privatization laws.

The Power and Purpose of International Law

The Power and Purpose of International Law Author Mary Ellen O'Connell
ISBN-10 0199831025
Release 2011-05-10
Pages 408
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The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Global Patents

Global Patents Author Marketa Trimble
ISBN-10 9780199923182
Release 2012-02-14
Pages 248
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Global Patents: Limits of Transnational Enforcement explains why a "global patent" does not exist. It identifies the barriers to its creation from both historical and current perspectives, and discusses the difficulties that arise as inventors, investors, and businesses strive to protect their inventions in the widest territory possible. The author analyzes the options available to patent holders, and explains how a country's patent law may be used to stop or limit the exploitation of an invention patented in that country, and even in other countries where the invention is not patented.

Networked Governance Transnational Business and the Law

Networked Governance  Transnational Business and the Law Author Mark Fenwick
ISBN-10 9783642412127
Release 2013-12-05
Pages 313
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This book brings together a unique range of case studies focusing on networks in the context of business regulation. The case studies form the basis for an interdisciplinary dialogue on the meaning, value and the limits of the 'network concept' as a tool for understanding and critically evaluating the emergent transnational legal order.

Comparative Law as Transnational Law

Comparative Law as Transnational Law Author Russell A. Miller
ISBN-10 9780199795208
Release 2012
Pages 501
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This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.

Transnational Legal Orders

Transnational Legal Orders Author Terence C. Halliday
ISBN-10 9781107069923
Release 2015-01-19
Pages 536
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"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Facing the Limits of the Law

Facing the Limits of the Law Author Erik Claes
ISBN-10 9783540798569
Release 2009-04-21
Pages 533
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Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Refugee Protection and the Role of Law

Refugee Protection and the Role of Law Author Susan Kneebone
ISBN-10 9781135046910
Release 2014-06-27
Pages 324
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Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

International Law and its Others

International Law and its Others Author Anne Orford
ISBN-10 9781139460392
Release 2006-11-02
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Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

When Cooperation Fails

When Cooperation Fails Author Mark A. Pollack
ISBN-10 9780199237289
Release 2009-05-21
Pages 439
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The dispute over genetically modified organisms has brought the US and the EU into conflict. This book examines the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops.

The Thin Justice of International Law

The Thin Justice of International Law Author Steven R. Ratner
ISBN-10 9780191009112
Release 2015-01-15
Pages 500
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

The George Washington international law review

The George Washington international law review Author
ISBN-10 UCAL:B5114355
Release 2006
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The George Washington international law review has been writing in one form or another for most of life. You can find so many inspiration from The George Washington international law review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The George Washington international law review book for free.

Research Handbook on International Law and Natural Resources

Research Handbook on International Law and Natural Resources Author Elisa Morgera
ISBN-10 9781783478330
Release 2016-11-25
Pages 568
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Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.