Globalisation and Legal Theory
Title | Globalisation and Legal Theory PDF eBook |
Author | William Twining |
Publisher | Cambridge University Press |
Total Pages | 300 |
Release | 2000-03 |
Genre | Law |
ISBN | 9780521605946 |
The text makes the case for a revival of general jurisprudence in response to globalisation.
Internationalization of Law
Title | Internationalization of Law PDF eBook |
Author | Marcelo Dias Varella |
Publisher | Springer |
Total Pages | 354 |
Release | 2014-06-17 |
Genre | Law |
ISBN | 3642541631 |
The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.
Law, Complexity and Globalisation
Title | Law, Complexity and Globalisation PDF eBook |
Author | Julian S. Webb |
Publisher | Routledge |
Total Pages | 300 |
Release | 2006-08-01 |
Genre | |
ISBN | 9781844721689 |
Complexity theory has its earliest origins in studies of self-organisation bwithin genetic and other biological systems, and in parallel developments elsewhere in the natural sciences. More recently still, complexity theory has begun to impact thinking in the social sciences and sicial theory. Philisophically, there are still strong links with both (post-) structuralist and phenomenological traditions, while in terms of social theory, complexity theory has tended to be treated as aspecies of systems theory, and hence linked to the normative-functionalist projects of Durkheim and Parsons. However, more recent work on the social science of complexity has stressed how complexity theory can transcend the statis inherent in classical functionalist thinking about the social order, by stressing the fluid, heterogeneous, unpredictable and increasingly global ordering of the social world.
Between Complexity of Law and Lack of Order
Title | Between Complexity of Law and Lack of Order PDF eBook |
Author | Bartosz Wojciechowski |
Publisher | |
Total Pages | 429 |
Release | 2009 |
Genre | Law |
ISBN | 9788376114095 |
Globalisation and Natural Resources Law
Title | Globalisation and Natural Resources Law PDF eBook |
Author | Elena Blanco |
Publisher | Edward Elgar Publishing |
Total Pages | 445 |
Release | 2011-01-01 |
Genre | Law |
ISBN | 184980866X |
'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
Resisting Economic Globalization
Title | Resisting Economic Globalization PDF eBook |
Author | D. Schneiderman |
Publisher | Springer |
Total Pages | 218 |
Release | 2013-05-15 |
Genre | Law |
ISBN | 1137004061 |
There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behaviour, dissatisfaction has precipitated acts of resistance in various parts of the world. Resisting Economic Globalization explores the magnitude of the legal constraints imposed by these rules and institutions associated with the worldwide spread of neoliberalism. Much contemporary theorizing has given up on national states as a locus for countering the harmful effects of economic globalization. Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines. Structured as a series of encounters with selected critical theorists, the book contrasts theoretical diagnoses with recent episodes of resistance impeding investment law edicts. This novel approach tests contemporary hypotheses offered by leading political and legal theorists about the nature of power and the role of states and social movements in facilitating and undoing neoliberalism's legal edifices. As a consequence, the foundations of transnational legality become more apparent and the mechanisms for change more transparent.
Law, Complexity and Globalisation
Title | Law, Complexity and Globalisation PDF eBook |
Author | Julian Webb |
Publisher | Routledge |
Total Pages | 300 |
Release | 2006-08 |
Genre | Law |
ISBN | 9781844720330 |
Complexity theory has its earliest origins in studies of self-organization within genetic and other biological systems, and in parallel developments elsewhere in the natural sciences. More recently still, complexity theory has begun to impact thinking in the social sciences and social theory. Philisophically, there are still strong links with both (post-) structuralist and phenomenological traditions, while in terms of social theory, complexity theory has tended to be treated as a species of systems theory, and hence linked to the normative-functionalist projects of Durkheim and Parsons. However, more recent work on the social science of complexity has stressed how complexity theory can transcend the status inherent in classical functionalist thinking about the social order, by stressing the fluid, heterogeneous, unpredictable and increasingly global ordering of the social world.