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Author: Hans Lindahl
Publisher: Cambridge University Press
Published: 2018-09-06
Total Pages: 477
ISBN-13: 1107177006
DOWNLOAD EBOOKExamines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.
Author: Hans Lindahl
Publisher: Cambridge University Press
Published: 2018-09-06
Total Pages: 477
ISBN-13: 1316827569
DOWNLOAD EBOOKProtracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights.
Author: David Schneiderman
Publisher: Cambridge University Press
Published: 2008-03-27
Total Pages: 60
ISBN-13: 1139470094
DOWNLOAD EBOOKAre foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Author: Gerd Oberleitner
Publisher: John Wiley & Sons
Published: 2013-04-30
Total Pages: 210
ISBN-13: 0745654088
DOWNLOAD EBOOKThe range of global human rights institutions which have been created over the past half century is a remarkable achievement. Yet, their establishment and proliferation raises important questions. Why do states create such institutions and what do they want them to achieve? Does this differ from what the institutions themselves seek to accomplish? Are global human rights institutions effective remedies for violations of human dignity or temples for the performance of stale bureaucratic rituals? What happens to human rights when they are being framed in global institutions? This book is an introduction to global human rights institutions and to the challenges and paradoxes of institutionalizing human rights. Drawing on international legal scholarship and international relations literature, it examines UN institutions with a human rights mandate, the process of mainstreaming human rights, international courts which adjudicate human rights, and non-governmental human rights organizations. In mapping the ever more complex network of global human rights institutions it asks what these institutions are and what they are for. It critically assesses and appraises the ways in which global institutions bureaucratize human rights, and reflects on how this process is changing our perception of human rights.
Author: Vanessa Mak
Publisher: Oxford University Press
Published: 2020-09-11
Total Pages: 368
ISBN-13: 0192596691
DOWNLOAD EBOOKThe relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
Author: Bert van Roermund
Publisher: Edward Elgar Publishing
Published: 2020-09-25
Total Pages: 303
ISBN-13: 1788976444
DOWNLOAD EBOOKThis incisive book offers an innovative understanding of Rousseau’s politico-legal philosophy to illustrate the legal significance of plural agency and what it means for a people to act together. Testing these ideas in controversial contemporary debates, Bert van Roermund provides a critical assessment of ‘political theology’ and establishes a new interpretation of joint action as bodily entrenched.
Author: Neil Walker
Publisher: Cambridge University Press
Published: 2015
Total Pages: 223
ISBN-13: 1107091624
DOWNLOAD EBOOKThis book explores how the domestic law of states is increasingly accompanied by a 'global law' distinct from regional and international law.
Author: Louise Amoore
Publisher: Manchester University Press
Published: 2002
Total Pages: 636
ISBN-13: 9780719060960
DOWNLOAD EBOOKThis exciting book, available in paperback for the first time, provides an illuminating account of contemporary globalisation that is grounded in actual transformations in the areas of production and the workplace. It reveals the social and political contests that give 'global' its meaning, by examining the contested nature of globalisation as it is expressed in the restructuring of work.Rejecting conventional explanations of globalisation as a process that automatically leads to transformations in working lives, or as a project that is strategically designed to bring about lean and flexible forms of production, this book advances an understanding of the social practices that constitute global change. Through case studies that span from the labour flexibility debates in Britain and Germany, to the strategies and tactics of corporations and workers, the author examines how globalisation is interpreted and experienced in everyday life. Contestation, she argues, is about more than just direct protests and resistances. It has become a central feature of the practices that enable or confound global restructuring.This book offers students and scholars of international political economy, sociology and industrial relations an innovative framework for the analysis of globalisation and the restructuring of work.
Author: Catherine Dauvergne
Publisher: Cambridge University Press
Published: 2008-04-14
Total Pages: 21
ISBN-13: 0521895081
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Author: Alessandro Ferrara
Publisher: Oxford University Press
Published: 2023-03-09
Total Pages: 337
ISBN-13: 0192698761
DOWNLOAD EBOOKEvery cohort of voters may dream of being 'the people' under the sway of serial visions of sovereignty; or understand itself, more modestly, as co-author of a constitutional project in a cross-generational sequence rooted in the past and extending into the future. Sovereignty Across Generations offers a theory of democratic sovereignty and constituent power grounded in John Rawls's political liberalism. Neither exegetic nor abstractly analytic, this book assumes that 'political liberalism' is broader than Political Liberalism. In answering the question 'How is it possible for there to exist over time a just and stable society of free and equal citizens, who remain profoundly divided by reasonable religious, philosophical, and moral doctrines?', the paradigm implicit in Political Liberalism enables us to address facets of that question that Rawls sidelined in the context of his time. Following populist threats to democracy, which were still latent in 1993, this book responds to the urgency of clarifying the proper relation of 'the people' (as transgenerational author of the constitution) to its pro-tempore living segment in its capacity as electorate and as co-author of the constitution. An explanation of that relation brings 'constituent power' into the picture and unfolds in seven steps that form the conceptual backbone of this book. By taking new steps in updating and revisiting political liberalism, this book reconstructs Rawls's implicit view of constituent power beyond the pages dedicated to it in Political Liberalism and brings that view into conversation with major constitutional theories of the twentieth century. This book is a must read for all those interested in the fields of politics, philosophy, and constitutional law.
