Ruling the World?

Constitutionalism, International Law, and Global Governance

Author: Jeffrey L. Dunoff,Joel P. Trachtman

Publisher: Cambridge University Press

ISBN: 0521514398

Category: Law

Page: 414

View: 4052

"Ruling the World is the first volume to explore in a crosscutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the fundamental assumptions and critical challenges in contemporary debates over international constitutionalization."--BOOK JACKET.

Ruling the World?

Constitutionalism, International Law, and Global Governance

Author: Jeffrey L. Dunoff,Joel P. Trachtman

Publisher: Cambridge University Press

ISBN: 1139479679

Category: Law

Page: N.A

View: 6984

Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

Global Constitutionalism

A Socio-legal Perspective

Author: Aydin Atilgan

Publisher: Springer

ISBN: 3662556472

Category: Law

Page: 314

View: 7109

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

Interdisciplinary Perspectives on International Law and International Relations

The State of the Art

Author: Jeffrey L. Dunoff,Mark A. Pollack

Publisher: Cambridge University Press

ISBN: 1107020743

Category: Law

Page: 680

View: 7418

This book brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law.

Normative Pluralism and International Law

Exploring Global Governance

Author: Jan Klabbers,Touko Piiparinen

Publisher: Cambridge University Press

ISBN: 1107245168

Category: Law

Page: N.A

View: 992

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.

The Future of International Law

Global Government

Author: Joel P. Trachtman

Publisher: Cambridge University Press

ISBN: 1107035899

Category: Law

Page: 302

View: 4919

Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Beyond Constitutionalism

The Pluralist Structure of Postnational Law

Author: Nico Krisch

Publisher: Oxford University Press, USA

ISBN: 0199228310

Category: Law

Page: 358

View: 5952

Globalisation has changed the law radically, but broader conceptualisations of law have been slow to respond. Where new paradigms have been developed, they have drawn on domestic models of order, such as constitutionalism. But usually these can neither account for developments in practice nor do they resonate well with the particular, diverse character of postnational society.This book proposes to conceive of the emerging new order as one of'postnational law' and to leave domestic paradigms behind in its theorisation. It argues that we should understand postnational law as 'pluralist', as made up of a multiplicity of sub-orders whose relationship is not settled by on overarching frame but remains legally underdetermined. And the book usestheoretical engagement as well as three case studies to suggest that such pluralism can be more than just an analytical prism - that it might indeed be a normatively appealing structural model.

The Challenges of Justice in Diverse Societies

Constitutionalism and Pluralism

Author: Meena K. Bhamra

Publisher: Routledge

ISBN: 1317039092

Category: Law

Page: 266

View: 4511

In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century.

New Approaches to International Law

The European and the American Experiences

Author: José María Beneyto,David Kennedy

Publisher: Springer Science & Business Media

ISBN: 9067048798

Category: Law

Page: 278

View: 5290

This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.

Federalism and Subsidiarity

NOMOS LV

Author: James E. Fleming,Jacob T Levy

Publisher: NYU Press

ISBN: 1479875554

Category: Law

Page: 464

View: 4034

In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

International Law

A Critical Introduction

Author: Wade Mansell,Karen Openshaw

Publisher: A&C Black

ISBN: 1782252290

Category: Law

Page: 286

View: 6578

This book provides a critical introduction to the concepts, principles and rules of international law through a consideration of contemporary international events. It provides ways of considering the relevance of international law to particular disputes and also an appreciation of both the possibilities and limitations of legal method in international disputes. This in turn necessitates an examination of the relationship between international law and power. Thus rather than studying international law as a system of rules that purports to govern, or at least constrain, the international community, this book considers the actual effects of international law upon international disagreements. Such an approach will be sceptical rather than cynical, intending to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; of the relationship between the academic disciplines of international law and international relations; of the apparent 'Eurocentricity' of international law, and of the relationship between political power and the ability to use or abuse (or ignore) international law. Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.

The Cosmopolitan Constitution

Author: Alexander Somek

Publisher: Oxford University Press, USA

ISBN: 0199651531

Category: Political Science

Page: 291

View: 6051

This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks the advent of the cosmopolitan constitution.

Global Constitutionalism in International Legal Perspective

Author: Christine EJ Schwöbel

Publisher: Martinus Nijhoff Publishers

ISBN: 9004191151

Category: Law

Page: 205

View: 1775

Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

Foreign Fighters under International Law and Beyond

Author: Andrea de Guttry,Francesca Capone,Christophe Paulussen

Publisher: Springer

ISBN: 9462650993

Category: Law

Page: 533

View: 4862

This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

A Farewell to Fragmentation

Author: Mads Andenas,Eirik Bjorge

Publisher: Cambridge University Press

ISBN: 1107082099

Category: Law

Page: 524

View: 7770

Explores the role of the International Court of Justice in the re-convergence of international law. The book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

Democracy and Financial Order: Legal Perspectives

Author: Matthias Goldmann,Silvia Steininger

Publisher: Springer

ISBN: 3662555689

Category: Law

Page: 230

View: 1705

This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

Copyright and International Negotiations

An Engine of Free Expression in China?

Author: Ge Chen

Publisher: Cambridge University Press

ISBN: 1107163455

Category: Law

Page: 289

View: 8467

This books offers a sophisticated analysis of how China's copyright system is intertwined with censorship and international copyright law.