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Author : I.F. Dekker
Release : 2014-11-14
Genre : Law
Kind : eBook
Book Rating : 922/5 ( reviews)
Book Synopsis Governance and International Legal Theory by : I.F. Dekker
Download or read book Governance and International Legal Theory written by I.F. Dekker. This book was released on 2014-11-14. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the above-mentioned topics from a multidisciplinary perspective.
Author : Gregory H. Fox
Release : 2000-05-11
Genre : Law
Kind : eBook
Book Rating : 968/5 ( reviews)
Book Synopsis Democratic Governance and International Law by : Gregory H. Fox
Download or read book Democratic Governance and International Law written by Gregory H. Fox. This book was released on 2000-05-11. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.
Author : Jan Klabbers
Release : 2013-04-22
Genre : Law
Kind : eBook
Book Rating : 168/5 ( reviews)
Book Synopsis Normative Pluralism and International Law by : Jan Klabbers
Download or read book Normative Pluralism and International Law written by Jan Klabbers. This book was released on 2013-04-22. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Author : Nicole Roughan
Release : 2013-09
Genre : Law
Kind : eBook
Book Rating : 419/5 ( reviews)
Book Synopsis Authorities by : Nicole Roughan
Download or read book Authorities written by Nicole Roughan. This book was released on 2013-09. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of "relative authority." This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.
Author : Horatia Muir Watt
Release : 2014
Genre : Law
Kind : eBook
Book Rating : 623/5 ( reviews)
Book Synopsis Private International Law and Global Governance by : Horatia Muir Watt
Download or read book Private International Law and Global Governance written by Horatia Muir Watt. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
