Beyond the Established Legal Orders

Beyond the Established Legal Orders
Title Beyond the Established Legal Orders PDF eBook
Author Malcolm Evans
Publisher Bloomsbury Publishing
Total Pages 372
Release 2011-04-19
Genre Law
ISBN 1847316468

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A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.

Transnational Legal Orders

Transnational Legal Orders
Title Transnational Legal Orders PDF eBook
Author Terence C. Halliday
Publisher Cambridge University Press
Total Pages 559
Release 2015-01-19
Genre Business & Economics
ISBN 1107069920

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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.

Beyond the Established Legal Orders

Beyond the Established Legal Orders
Title Beyond the Established Legal Orders PDF eBook
Author Malcolm David Evans
Publisher
Total Pages 373
Release 2011
Genre Constitutional law
ISBN 9781472565495

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A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-ann.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Title Model Rules of Professional Conduct PDF eBook
Author American Bar Association. House of Delegates
Publisher American Bar Association
Total Pages 216
Release 2007
Genre Law
ISBN 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The European Union's Shaping of the International Legal Order

The European Union's Shaping of the International Legal Order
Title The European Union's Shaping of the International Legal Order PDF eBook
Author Dimitry Kochenov
Publisher Cambridge University Press
Total Pages 399
Release 2014
Genre Law
ISBN 1107033330

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This book offers a new approach to the study of EU law of external relations.

Beyond Networks - Interlocutory Coalitions, the European and Global Legal Orders

Beyond Networks - Interlocutory Coalitions, the European and Global Legal Orders
Title Beyond Networks - Interlocutory Coalitions, the European and Global Legal Orders PDF eBook
Author Gianluca Sgueo
Publisher Springer
Total Pages 220
Release 2016-04-06
Genre Law
ISBN 331928875X

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This book explores the activism promoted by organised networks of civil society actors in opening up possibilities for more democratic supranational governance. It examines the positive and negative impact that such networks of civil society actors – named “interlocutory coalitions” – may have on the convergence of principles of administrative governance across the European legal system and other supranational legal systems. The book takes two main controversial aspects into account: the first relates to the convergence between administrative rules pertaining to different supranational regulatory systems. Traditionally, the spread of methods of administrative governance has been depicted primarily against the background of the interactions between the domestic and the supranational arena, both from a top-down and bottom-up perspective. However, the exploration of interactions occurring at the supranational level between legal regimes is still not grounded on adequate empirical evidence. The second controversial aspect considered in this book consists of the role of civil society actors operating at the supranational level. In its discussion of the first aspect, the book focuses on the relations between the European administrative law and the administrative principles of law pertaining to other supranational regulatory regimes and regulators, including the World Bank, the International Monetary Fund, the World Trade Organization, the United Nations, the Organization for Economic Cooperation and Development, the Asian Development Bank, and the Council of Europe. The examination of the second aspect involves the exploration of the still little examined, but crucial, role of civil society organised networks in shaping global administrative law. These “interlocutory coalitions” include NGOs, think tanks, foundations, universities, and occasionally activists with no formal connections to civil society organisations. The book describes such interlocutory coalitions as drivers of harmonized principles of participatory democracy at the European and global levels. However, interlocutory coalitions show a number of tensions (e.g. the governability of coalitions, the competition among them) that may hamper the impact they have on the reconfiguration of individuals’ rights, entitlements and responsibilities in the global arena.

Global Order Beyond Law

Global Order Beyond Law
Title Global Order Beyond Law PDF eBook
Author Thomas Dietz
Publisher Bloomsbury Publishing
Total Pages 272
Release 2014-12-01
Genre Law
ISBN 1782253912

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Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.