Transnationalisation and Legal Actors

Transnationalisation and Legal Actors

Author: Bettina Lemann Kristiansen

Publisher: Routledge

Published: 2019-06-10

Total Pages: 305

ISBN-13: 0429678975

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Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.


Legal Positivism in a Global and Transnational Age

Legal Positivism in a Global and Transnational Age

Author: Luca Siliquini-Cinelli

Publisher: Springer Nature

Published: 2019-08-30

Total Pages: 315

ISBN-13: 3030247058

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A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.


The Many Lives of Transnational Law

The Many Lives of Transnational Law

Author: Peer Zumbansen

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9781108748346

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"In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many Nation States. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today"--


An Introduction to Transnational Criminal Law

An Introduction to Transnational Criminal Law

Author: Neil Boister

Publisher: OUP Oxford

Published: 2012-09-06

Total Pages: 544

ISBN-13: 0191632023

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The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.


Transnational Law

Transnational Law

Author: Miguel Maduro

Publisher: Cambridge University Press

Published: 2014-05

Total Pages: 411

ISBN-13: 1107028310

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This book examines the effects of law's de-nationalisation by placing European law in the context of transnational law.


Transnational Agency and Migration

Transnational Agency and Migration

Author: Stefan Köngeter

Publisher: Routledge

Published: 2015-07-16

Total Pages: 282

ISBN-13: 1317397800

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Migrants, both spatially and mentally, no longer settle in only one national territory but interact or move across borders regularly, profoundly challenging the nation-state and the image of society as a container. This volume explores the ways in which migrants, activists and professionals connect social worlds across national boundaries through a variety of social practices. The contributions from various disciplines - anthropology, economics, political and social sciences, educational studies and social work - illuminate the meaning of agency in situations where the capabilities of transnational actors are constrained by nation-states, their borders and social institutions. Based on a relational understanding of transnational agency which builds upon new insights and developments within transnational studies and network theory, this compilation of chapters presents transnational processes and developments in and across various regions of the globe - in East Asia, the Americas, the EU, Southeast Asia, Africa and Australia, in the borderlands of Mexico and the US, in the transatlantic space of the 19th-century fin de siècle world - in order to demonstrate the importance of gaining, assisting and expanding agency in transnational contexts.


The Oxford Handbook of Transnational Law

The Oxford Handbook of Transnational Law

Author: Peer Zumbansen

Publisher: Oxford University Press

Published: 2021

Total Pages: 1246

ISBN-13: 0197547419

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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.


Human Rights and the Dark Side of Globalisation

Human Rights and the Dark Side of Globalisation

Author: Thomas Gammeltoft-Hansen

Publisher: Taylor & Francis

Published: 2016-12-08

Total Pages: 381

ISBN-13: 1315408252

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This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.


Bringing Transnational Relations Back In

Bringing Transnational Relations Back In

Author: Thomas Risse-Kappen

Publisher: Cambridge University Press

Published: 1995-09-28

Total Pages: 100

ISBN-13: 9780521481830

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What difference do nonstate actors in international relations (such as Greenpeace, Amnesty International, IBM, or organizations of scientists) make in world politics? How do cross-national links interact with the world of states? Who controls whom? This book answers these questions by investigating the impact of nonstate actors on foreign policy in several issue areas and in regions around the world. It argues that the impact of such nonstate actors will depend on the institutional structure of states as well as international regimes and organizations.