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Transnationalisation and Legal Actors

2019-06-10 Law
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Release : 2019-06-10
Genre : Law
Kind : eBook
Book Rating : 975/5 ( reviews)

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Book Synopsis Transnationalisation and Legal Actors by : Bettina Lemann Kristiansen

Download or read book Transnationalisation and Legal Actors written by Bettina Lemann Kristiansen. This book was released on 2019-06-10. Available in PDF, EPUB and Kindle. Book excerpt: Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

Transnational Crime and the Interface Between Legal and Illegal Actors

2006 Antiquities
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Release : 2006
Genre : Antiquities
Kind : eBook
Book Rating : 950/5 ( reviews)

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Book Synopsis Transnational Crime and the Interface Between Legal and Illegal Actors by : Antonius Johannes Gerhardus Tijhuis

Download or read book Transnational Crime and the Interface Between Legal and Illegal Actors written by Antonius Johannes Gerhardus Tijhuis. This book was released on 2006. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on the interfaces between legal and illegal actors engaging in transnational crimes. These interfaces can be quite complex as the cases of Udo Proksch and Cornelius M. illustrate. Due to this complexity, such cases and the related interfaces cannot be caught easily with clear-cut and mutually excluding categories like 'transnational (organized) crime' versus 'legitimate' businesses and government agencies. The boundaries between transnational crime, terrorism, corporate crime and state crime fade away as one focuses on such concrete cases. As the rest of this study will show, the characteristics of these cases appear to be far more representative of transnational crimes in general than usually assumed. For a number of reasons, a study that focuses solely on interfaces can be an important and necessary addition to the existing criminological studies. The first reason has to do with the mentioned lack of systematic studies of the interfaces between legal and illegal actors. The second reason has to do with the observation mentioned above. By studying interfaces between legal and illegal actors, the rather thin boundaries between transnational crime, corporate crime and other types of crime become clear. Only after these boundaries are crossed, or even leveled, transnational crimes can be understood from a broader perspective. From such a perspective, transnational crimes are always taking place against a specific background of economic factors, state policies and legislation, as well as other factors. Thirdly, a systematic study of interfaces can help to indicate the different types and causes of interfaces that can be found in different types of transnational crime. Finally, as the role of legal actors with all kinds of transnational crimes is clarified, more effective legislative and policy instruments can be designed to counter this role. The first half of this study will be based on the literature on transnational crimes. The second half will describe the empirical research of the illicit art and antiquities trade that was done specifically for this study. The illicit art and antiquities trade was chosen for several reasons. On the one hand because it is a type of crime that is known for its interfaces between legal and illegal actors and on the other hand because empirical studies of this type of crime have been scarce, especially from a criminological perspective.

Law and Legalization in Transnational Relations

2007-03-06 Law
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Release : 2007-03-06
Genre : Law
Kind : eBook
Book Rating : 231/5 ( reviews)

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Book Synopsis Law and Legalization in Transnational Relations by : Christian Brütsch

Download or read book Law and Legalization in Transnational Relations written by Christian Brütsch. This book was released on 2007-03-06. Available in PDF, EPUB and Kindle. Book excerpt: Complex legalization and the many moves to law / Christian Britsch and Dirk Lehmkuhl -- Transnational legalization of accounting : the case of international financial reporting standards / Jens Wistemann and Sonja Kierzek -- The harmonization of private commercial law : the case of secured finance / Edward S. Cohen -- Multi-stakeholder initiatives to combat money laundering and bribery / Mark Pieth -- Legalization, transnationalism, and organic agriculture / William D. Coleman and Austina J. Reed -- Beyond Westphalia : competitive legalization in emerging transnational regulatory systems / Errol Meidinger -- Beyond legalization? : how global standards work / Bas Arts and Dieter Kerwer -- International standards, functions, and links to law / Erich Schanze -- Beyond legalization : reading the increase, variation, and differentiation of legal and law-like arrangements in international relations through world society theory / Mathias Albert -- The role of the transnational corporation in the process of legalisation : insights from economics and corporate social responsibility / Andreas Georg Scherer and Dorothe Baumann.

Landscapes of Law

2020-06-05 Social Science
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Release : 2020-06-05
Genre : Social Science
Kind : eBook
Book Rating : 225/5 ( reviews)

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Book Synopsis Landscapes of Law by : Carol J. Greenhouse

Download or read book Landscapes of Law written by Carol J. Greenhouse. This book was released on 2020-06-05. Available in PDF, EPUB and Kindle. Book excerpt: International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering. Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces. Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.

The Many Lives of Transnational Law

2020-04-02 Law
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Release : 2020-04-02
Genre : Law
Kind : eBook
Book Rating : 263/5 ( reviews)

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Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen

Download or read book The Many Lives of Transnational Law written by Peer Zumbansen. This book was released on 2020-04-02. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

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