1,721,178 research outputs found
Transnational law:Theories and applications
No full textThis chapter introduces the Oxford Handbook of Transnational Law. Transnational law is at the center of lively discussions ranging from pronouncing the death of law to announcing the renewal of law. With stakes that high, the expectations for this field are potentially overwhelming. It is still unsettled what transnational law is. It was introduced to a wide audience of international lawyers in the 1950s, but is it a “new” legal field, or a particular kind of jurisprudence of “law and globalization, " or a sociolegal approach to law’s transformation in and beyond the state in the twenty-first century, or merely a synonym for legal pluralism, that is, an acknowledgment of the co-existence of law and (social, cultural, economic, religious, and other) norms? Finally, what is transnational law’s relation to the nation-state? While some suggest it marks the “end” of the nation-state, the better arguments suggest it remains closely intertwined with the state’s trials and tribulations. The chapter reviews contributions to these discussions but cannot account for the entire wealth and depth which is transnational law today. Instead, the chapter highlights some of the debates around the facets of transnational law and sketches a number of methodological reflections about the field. The contributing authors to this Handbook offer formidable insights into the complex details of law’s transnationalization in a wide range of key areas of the law and contextualize these developments against the background of the important normative discussions around the future of law in a globalized world.</p
Reshaping markets: economic governance, the global financial crisis and liberal utopia
No full textUsing an interdisciplinary approach, this book explains the role of private law in governing markets
Law after the welfare state: formalism, functionalism and the ironic turn of reflexive law
Get PDFThis paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative regulation modes, conceptualized under the heading of legal pluralism, responsive law, or reflexive law in the 1970s and 1980s, had aimed at a more socially responsive, contextualized, and ultimately learning mode of legal intervention, the contemporary revival of functionalist jurisprudence and its reliance on social norms embraces a limitation model of legal regulation. After revisiting the Legal Realist critique of Formalism and the formulation of functionalist regulation as a progressive agenda, this paper reflects on both the American and German justifications of market regulation and the Welfare State in order to trace the different evolution towards responsive law and legal pluralism in the U.S. and post-interventionist and reflexive law in Germany. This comparison allows for an identification of the emerging transnational qualities of legal normativity in the face of a declining welfare state paradigm, which - at the beginning of the 21st century - appears to provide the stage for turning the progressive gains of the former era into a set of market-oriented justifications of private autonomy and de-regulation. - Der Aufsatz rekonstruiert die wechselhafte Geschichte des Rechts nach dem Wohlfahrtsstaat. Nachdem die Krise des Wohlfahrtsstaats in den 1970er Jahren vornehmlich als eine Frage der Regulierungs- und Steuerungskrise wahrgenommen wurde, traten responsive und reflexive Rechtstheorien gleichzeitig als Erben und Zerstörer des Rechts als Steuerungsmittel auf. Die Suche nach Alternativen zum Recht in den USA wie auch in Deutschland mündete aber schon bald in eine weitreichende Privatisierungs- und Deregulierungsbewegung. Die sich schon lange ankündigende Skepsis nicht nur gegenüber parlamentarischer Gesetzgebung, sondern auch gerichtlicher Rechts(fort)bildung im Namen der Selbstregulierungskräfte der Privatrechtsgesellschaft durch den Markt und social norms verstärkte diese Kritik am Staat diesseits und jenseits des Atlantik. Der Aufsatz geht vor diesem Hintergrund der Frage nach, inwiefern die gegenwärtige Betonung gesellschaftlicher Selbstregulierung die Kritik der Rechtsrealisten und der frühen Rechtssoziologie am Rechtsformalismus aufgreift, nur um sie im Namen von Marktfreiheiten zu verkürzen und ihres kritischen Potentials beraubt. --
The oxford handbook of transnational law
No full textThe Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of transnational law by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences-including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept, then, of “transnational law” aims at capturing the distinctly border-crossing nature even of those legal fields which had for the longest been time been seen as having merely “domestic” relevance. This shift requires a conscious effort also among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational concept of law and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, judges, or bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust of the Handbook is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.</p
Transnational tort law
No full textThis chapter deals with harm caused and suffered across national borders, such as nuclear damage, road and air traffic accidents, defective products, and human rights violations by transnational corporations. First, it explores how supranational, international, and national tort law may respond to such harmful events. This also identifies gaps, such as the lack of international regulation of company behavior when it comes to protecting human rights. Subsequently, this chapter analyzes how soft law instruments are aimed at filling this void and how soft law is translated into binding regional and domestic regulation. This may in turn tort law standards to protect human rights. Finally, this chapter looks in more detail into various aspects of transnational tort law, from the perspective of the hurdles faced by victims and with references to key cases.</p
'Africa needs many lawyers trained for the need of their peoples': Struggles over legal education in Kwame Nkrumah's Ghana
Get PDFQueering the transnational: Notes on an emerging politics of law and sexuality
No full textThis chapter argues that transnational law holds significant potential as a methodological lens to study the intersection of gender, sexuality, and law. The discourse on gender and sexual rights has been cultivated by transnational dialogue and deliberation, and serves as an apt site to study the regulation of gender and sexuality. “Law and sexuality” as an academic discipline is meaningful when explored through the lens of transnational law and legal scholarship. Law schools ought to incorporate the dynamic interaction between domestic decision-making, foreign jurisprudence, and the international legal system and critical perspectives on each into their curricula. The first section of this chapter provides a primer to the study of law and sexuality through feminist and queer perspectives to critically engage with the legal regulation of gender identity and sexuality. Following this, the second section discusses the relevance of bringing transnational perspectives to the legal curriculum, particularly in the context of gender and sexuality studies
Transnational sustainability governance and the law
No full textTransnational governance raises challenging questions about the appropriate roles of legal institutions, states, and global markets in realizing and protecting social and environmental sustainability. Diverse groups of actors, ranging from multinational companies to grassroots social movements, engage in manifold strategies to respond to the consequences of economic globalization on local environments, precarious workers, and indigenous and traditional communities. This chapter evaluates transnational governance activities in light of a dichotomy between two opposing globalizations, one which is focused on realizing economic solutions to the economic factors that threaten sustainability, the other which leverages the mobilization of bottom-up social movements to develop political responses. Through examples of private rulemaking, corporate self-regulation, transnational constitutional movements, extraterritorial legislation, and transnational litigation, this chapter identifies conflicts about the capacity of global markets to guarantee social and environmental sustainability, as well as the role of the contemporary state and its institutions in governing global market actors
The postmodern normative anxiety of transnational legal studies: the challenge of legal rematerialization beyond the nation-state
No full textThis chapter seeks to establish whether a normative discourse on law’s legitimacy can be successfully reconstructed in the face of law’s increasing transnationalization. It explores the postmodern normative conundrum of transnational legal studies, highlighting the normative dilemmas of both Transnational Legal Pluralism and Transnational Legal Ordering theory. It then puts forward an alternative framing of “transnational law” and “transnational legal analysis”; this opens up new opportunities for an inquiry into law’s legitimacy through an application of Conflicts Law theory. After an overview of the merits of Conflicts Law, the chapter assesses the limits to its successful application. An inner tension exists between Conflicts Law theory’s modernist foundations and its application to increasingly complex legal and regulatory conflicts in the postmodern landscape. Against this overall backdrop, the chapter advocates a turn back to substantive, purposive forms of normativity and the rematerialization of law beyond the nation-state
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