The Limits Of Transnational Law

Author : Jack L. Goldsmith
Publisher : Oxford University Press
ISBN 13 : 0199883378
Total Pages : 272 pages
Book Rating : 4.70/5 ( download)

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Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Author : Hélène Lambert
Publisher : Cambridge University Press
ISBN 13 : 0521198208
Total Pages : 281 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Limits of Transnational Law written by Hélène Lambert and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

Author : Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill
Publisher :
ISBN 13 : 9780511749650
Total Pages : 281 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Limits of Transnational Law written by Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill and published by . This book was released on 2014-05-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

Author : Terence C. Halliday
Publisher : Cambridge University Press
ISBN 13 : 1107069920
Total Pages : 559 pages
Book Rating : 4.23/5 ( download)

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Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Author : Jennifer Lander
Publisher : Routledge
ISBN 13 : 0429664133
Total Pages : 200 pages
Book Rating : 4.37/5 ( download)

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Download or read book Transnational Law and State Transformation written by Jennifer Lander and published by Routledge. This book was released on 2019-11-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.

Author : Dilek Kurban
Publisher : Cambridge University Press
ISBN 13 : 110848932X
Total Pages : 411 pages
Book Rating : 4.24/5 ( download)

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Download or read book Limits of Supranational Justice written by Dilek Kurban and published by Cambridge University Press. This book was released on 2020-11-12 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.

Author : Nancy L. Green
Publisher : University of Chicago Press
ISBN 13 : 022660831X
Total Pages : 228 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Limits of Transnationalism written by Nancy L. Green and published by University of Chicago Press. This book was released on 2019-05-21 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnationalism means many things to many people, from crossing physical borders to crossing intellectual ones. The Limits of Transnationalism reassesses the overly optimistic narratives often associated with this malleable term, revealing both the metaphorical and very real obstacles for transnational mobility. Nancy L. Green begins her wide-ranging examination with the story of Frank Gueydan, an early twentieth-century American convicted of manufacturing fake wine in France who complained bitterly that he was neither able to get a fair trial there nor to enlist the help of US officials. Gueydan’s predicament opens the door for a series of inquiries into the past twenty-five years of transnational scholarship, raising questions about the weaknesses of global networks and the slippery nature of citizenship ties for those who try to live transnational lives. The Limits of Transnationalism serves as a cogent reminder of this topic’s complexity, calling for greater attention to be paid to the many bumps in the road.

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Author : Erik Claes
Publisher : Springer Science & Business Media
ISBN 13 : 3540798560
Total Pages : 540 pages
Book Rating : 4.69/5 ( download)

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Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Author : Peer Zumbansen
Publisher : Cambridge University Press
ISBN 13 : 1108490263
Total Pages : 539 pages
Book Rating : 4.69/5 ( download)

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Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. 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.