Globalization And The Harmonization Of Law

Author : Jarrod Wiener
Publisher : Burns & Oates
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.07/5 ( download)

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Download or read book Globalization and the Harmonization of Law written by Jarrod Wiener and published by Burns & Oates. This book was released on 1999 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues.

Author : Larry Catá Backer
Publisher :
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.90/5 ( download)

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Download or read book Harmonizing Law in an Era of Globalization written by Larry Catá Backer and published by . This book was released on 2007 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book highlight the most important ways in which domestic, international, public, and private legal systems interact with each other. The initial essays provide a theoretical overview of the study of legal harmonization--that is, of the nature and character of communication, accommodation, amalgamation, or resistance among legal systems. These interactions occur within horizontal relationships, between political institutions operating at the same level of authority. Vertical relationships between political institutions whose relationships are hierarchical have given rise to different patterns of interaction. New legal orders are being created through the adoption of international legal instruments that may reach nation-states, private entities, and individuals. Each has the potential for significantly affecting the sources of authority over public and private actors. Other essays illustrate the many ways in which communication between legal systems produce very real, if very different, effects across the world. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "[T]he individual essays may be profitably used to illustrate and discuss harmonization among both legal systems and political systems. In particular, the essays on South Africa, on Mercosur, and on Islam raise some distinct challenges and clear issues for scholars and students of globalization, both from a legal and a political science perspective." -- Law & Politics Book Review

Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805210
Total Pages : 509 pages
Book Rating : 4.16/5 ( download)

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Download or read book Globalization and Private Law written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Author : Silvia Fazio
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125876
Total Pages : 298 pages
Book Rating : 4.73/5 ( download)

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Download or read book The Harmonization of International Commercial Law written by Silvia Fazio and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface. 1. The World Scenario and the Approximation of Law. 2. Vehicles for the Harmonisation of Law. 3. Regionalisation and Standardisation of Law. 4. Regional Corporate Law Harmonisation: The EU and the Mercosur. 5. The Infrastructure of Capital. 6. The Phenomenon of Development: International and Regional Approaches to Banking and Financial Law. 7. Theories of the Company. 8. Corporate Governance. 9. International Legal Standards and the Inclusion of Emerging Countries in the Globalised Order: The Case Study of Brazil. 10. Conclusion: Legal Pluralism and the Creation of Standards within the Process of Globalisation¿Analytical Summary and Theoretical and Practical Implications. Bibliography.

Author : Morten Fogt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140751
Total Pages : 304 pages
Book Rating : 4.53/5 ( download)

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Download or read book Unification and Harmonization of International Commercial Law written by Morten Fogt and published by Kluwer Law International B.V.. This book was released on 2012-07-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.

Author : Laurence Boulle
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112828X
Total Pages : 442 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Law of Globalization written by Laurence Boulle and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing clamour - particularly from the main beneficiaries of globalization - that rules need to be established to govern the international economy, with a specific focus on questions such as copyright violations, trade sanctions and protections for foreign investment. Those who perceive they are disadvantaged by globalization demand other legal protections in relation to employment, cultural traditions and the environment.

Author : William Twining
Publisher : Cambridge University Press
ISBN 13 : 9780521605946
Total Pages : 300 pages
Book Rating : 4.46/5 ( download)

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Download or read book Globalisation and Legal Theory written by William Twining and published by Cambridge University Press. This book was released on 2000-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text makes the case for a revival of general jurisprudence in response to globalisation.

Author : Pierre Larouche
Publisher : Springer Science & Business Media
ISBN 13 : 9067048852
Total Pages : 386 pages
Book Rating : 4.59/5 ( download)

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Download or read book National Legal Systems and Globalization written by Pierre Larouche and published by Springer Science & Business Media. This book was released on 2012-11-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Author : Edward S. Cohen
Publisher : Routledge
ISBN 13 : 1000554201
Total Pages : 189 pages
Book Rating : 4.05/5 ( download)

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Download or read book Power and Pluralism in International Law written by Edward S. Cohen and published by Routledge. This book was released on 2022-03-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

Author : Julio Faundez
Publisher : Edward Elgar Publishing
ISBN 13 : 1849806675
Total Pages : 513 pages
Book Rating : 4.71/5 ( download)

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Download or read book International Economic Law, Globalization and Developing Countries written by Julio Faundez and published by Edward Elgar Publishing. This book was released on 2010 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.