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 : 82.49 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 : Thomas Gammeltoft-Hansen
ISBN : 9780198791409
Genre :
File Size : 79.81 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.
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The Hamburg Lectures On Maritime Affairs 2011 2013

Author : Jürgen Basedow
ISBN : 9783642551048
Genre : Law
File Size : 90.68 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

Megaregulation Contested

Author : Benedict Kingsbury
ISBN : 9780192559081
Genre : Law
File Size : 30.95 MB
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The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.
Category: Law

Media Asia

Author :
ISBN : UOM:39015069048802
Genre : Mass media
File Size : 23.42 MB
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Category: Mass media

The Idea Of Labour Law

Author : Guy Davidov
ISBN : 9780191648076
Genre : Law
File Size : 36.42 MB
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Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
Category: Law

The Paradox Of Constitutionalism

Author : Martin Loughlin
ISBN : 0199204969
Genre : Law
File Size : 52.71 MB
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In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Category: Law

Screening The Public Sphere

Author : Saima Saeed
ISBN : UCSD:31822040763864
Genre : Political Science
File Size : 80.24 MB
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For centuries, democracy and development have steered the imagination of governments, citizens, intelligentsia and policymakers alike. Democracy without free media is a contradiction, while development without democracy is futile. Highlighting the power and significance of contemporary media, this book deconstructs news and news-making on Indian television. In exploring the concepts of 'sense-making' and 'meaning-generation', it examines how news and the dissemination of information and opinion influence the public sphere, participatory democracy, citizenship and civil society. Providing an original interpretation of the paradigmatic shifts in news content and newsroom practices, this book focuses on changing ownership patterns, increasing 'entertainmentalization' of news and the resultant 'developmental reportage deficit'. At the same time, it confronts the uneasy and critical consequences of commercialization and rising sensationalism in news media. Finally, it discusses the role of Public Service Broadcasting, journalistic ethics, objectivity, and the politics of language and ideology in the media today, pointing to the need for greater diversity of content on the one hand and an emphasis on public interest in media policy-making, on the other. Drawing upon comprehensive empirical data, the democracy–media–development relationship is demonstrated through critical analyses of the media's coverage of recent news events. This includes exhaustive content examination of news programmes on all major news channels of India, surveys with media experts and news professionals by way of questionnaires, and interviews with the audience to gauge the impact of media content on their understanding of social, political and economic issues. This volume will be especially useful to those in journalism, media and communication studies, as also to students of political science, sociology and economics.
Category: Political Science

Conflicts In A Transnational World

Author : Andreas Langenohl
ISBN : STANFORD:36105123242583
Genre : Political Science
File Size : 28.9 MB
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This volume brings together views on the nexus and the conflicts between transformation of states and societies and transnationalization processes in politics, economy, and culture. Thematic articles and case studies deal with conditioned nations/states in Latin America, Eastern Europe, and the former Soviet Union. These nations/states are, on the one hand, subjected to transnational institutions, models, and forces and cannot fall back on the model of the classic nation state. On the other hand, the issues traditionally linked to the nation state as a polity - sovereignty, national economy, and identity - are still salient, as they serve to describe and evaluate the consequences of transnationalization. The volume addresses those processes as imminently political ones and poses the question of a transnational polity.
Category: Political Science

Edward Said And Jacques Derrida

Author : Mina Karavanta
ISBN : STANFORD:36105131639887
Genre : Philosophy
File Size : 71.13 MB
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Features essays that invoke Said and Derrida's rigorous examination of humanism in their works. This title addresses social change and political questions and analyze humanism from the perspectives of literature, theory, history, gender studies, and art in view of the intellectual impact of Said and Derrida on contemporary philosophy.
Category: Philosophy