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Contested Regime Collisions
This study of regime collisions in international law combines theoretical contributions by leading scholars in the field with case studies.
Soziologische Jurisprudenz
Die Festschrift Soziologische Jurisprudenz stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.
The Constitutionalization of International Law
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what...
Domination and Global Political Justice
Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought (not to be confused with the US political party). However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, critical race theorists, and postcolonial writers have discussed domination in different wa...
The Backlash Against Investment Arbitration
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
Transnationalisation of Social Rights
Migration crisis, food crisis, economic crisis-the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context? Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society? This book scrutinizes both the potentials and the boundaries of de-coupling the notion of "social rights" from the nation-state and of transfering it to the transnational sphere. By drawing on a critical theory of transnational law, it provides an in-depth analysis of the different sites where the struggle for social rights is at stake, such as with the emerging transnational food regime, the ILO, international environmental law, and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine, and relates these aspects to the social and political struggles which surround the transnationalization of social rights. Subject: Human Rights Law]
Constitutionalism in the Global Realm
This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term his...
The Law of Interactions Between International Organizations
The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
General Principles and the Coherence of International Law
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Corporate Crime and Punishment
The geopolitics of American law enforcement and how it changed corporate criminal accountability in other countries Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalization and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries. In this book, Cornelia Woll examines the politics of American corporate crim...
