REGULATORY HYBRIDIZATION IN THE TRANSNATIONAL SPHERE

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Regulatory Hybridization In The Transnational Sphere

Author : Paulius Jur Ys
ISBN : 9789004233928
Genre : Law
File Size : 87.55 MB
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This book examines hybridization as a defining phenomenon of regulatory frameworks in the transnational sphere. The contributions illustrate that globalization contributes to blurring the distinctions between national and international, public and private law; and that hybridization therefore necessitates a rethinking of fundamental legal concepts.
Category: Law

Tracing The Roles Of Soft Law In Human Rights

Author : Stéphanie Lagoutte
ISBN : 9780192508935
Genre : Law
File Size : 84.82 MB
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Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.
Category: Law

The Hamburg Lectures On Maritime Affairs 2011 2013

Author : Jürgen Basedow
ISBN : 9783642551048
Genre : Law
File Size : 74.16 MB
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In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the third in the series - collects the lectures held between 2011 and 2013 inter alia by Andrew Dickinson, Yvonne Marie Dutton, Bevan Marten, Andreas Maurer, Irini Papanicolopulu, Časlav Pejovic, Juan L. Pulido, Andrés Recalde Castells, Thomas J. Schoenbaum and Rüdiger Wolfrum.
Category: Law

Transnational Governance

Author : Marie-Laure Djelic
ISBN : 9781139458023
Genre : Business & Economics
File Size : 71.34 MB
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Globalization involves a profound re-ordering of our world with the proliferation everywhere of rules and transnational modes of governance. This book examines how this governance is formed, changes and stabilizes. Building on a rich and varied set of empirical cases, it explores transnational rules and regulations and the organizing, discursive and monitoring activities that frame, sustain and reproduce them. Beginning from an understanding of the powerful structuring forces that embed and form the context of transnational regulatory activities, the book scrutinizes the actors involved, how they are organized, how they interact and how they transform themselves to adapt to this new regulatory landscape. A powerful analysis of the modes and logics of transnational rule-making and rule-monitoring closes the book. This authoritative resource offers ideal reading for all academic researchers and graduate students of governance and regulation.
Category: Business & Economics

The Financial Crisis In Constitutional Perspective

Author : Poul F Kjaer
ISBN : 9781847318220
Genre : Law
File Size : 81.90 MB
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This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.
Category: Law

Global Business Regulation

Author : John Braithwaite
ISBN : 9781107717503
Genre : Business & Economics
File Size : 81.52 MB
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Across an amazing sweep of the critical areas of business regulation - from contract, intellectual property and corporations law, to trade, telecommunications, labour standards, drugs, food, transport and environment - this book confronts the question of how the regulation of business has shifted from national to global institutions. Based on interviews with 500 international leaders in business and government, this book examines the role played by global institutions such as the WTO, the OECD, IMF, Moody's and the World Bank, as well as various NGOs and significant individuals. The authors argue that effective and decent global regulation depends on the determination of individuals to engage with powerful agendas and decision-making bodies that would otherwise be dominated by concentrated economic interests. This book will become a standard reference for readers in business, law, politics and international relations.
Category: Business & Economics

Between Governing And Governance

Author : Poul F Kjaer
ISBN : 9781847315694
Genre : Law
File Size : 62.54 MB
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This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation process: comitology, (regulatory) agencies and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalisation rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalisation in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterised by legal and organisational hierarchy, and a governance dimension which operates within a network form characterised by legal and organisational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science and sociology.
Category: Law

Encyclopedia Of Private International Law

Author : Jürgen Basedow
ISBN : 1782547223
Genre : Comparative law
File Size : 58.33 MB
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The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.
Category: Comparative law

The Migration Conference 2017 Programme And Abstracts Book

Author : Ibrahim Sirkeci
ISBN : 9781910781685
Genre :
File Size : 40.76 MB
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The Migration Conference 2017 hosted by Harokopio University, Athens from 23 to 26 August. The 5th conference in our series, the 2017 Conference was probably the largest scholarly gathering on migration with a global scope. Human mobility, border management, integration and security, diversity and minorities as well as spatial patterns, identity and economic implications have dominated the public agenda and gave an extra impetus for the study of movers and non-movers over the last decade or so. Throughout the program of the Migration Conference you will find various key thematic areas are covered in about 400 presentations by about 400 colleagues coming from all around the world from Australia to Canada, China to Mexico, South Africa to Finland. We are also proud to bring you opportunities to meet with some of the leading scholars in the field. Our line of keynote speakers include Saskia Sassen, Oded Stark, Giuseppe Sciortino, Neli Esipova, and Yuksel Pazarkaya.
Category:

Transnational Muslim Politics

Author : Peter G. Mandaville
ISBN : 9781134540228
Genre : Political Science
File Size : 82.30 MB
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This book analyzes Islam as a form of 'travelling theory' in the context of contemporary global transformations such as diasporic communities, transnational social movements, global cities and information technologies. Peter Mandaville examines how 'globalization' is manifested as lived experience through a discussion of debates over the meaning of Muslim identity, political community and the emergence of a 'critical Islam'. This radical book argues that translocal forces are leading the emergence of a wider Muslim public sphere. Now available in paperback, it contains a new preface setting the debates in the context of September 11th.
Category: Political Science