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Transnational Governance and Constitutionalism
Transnational governance designates non-traditional types of international and regional collaboration among both public and private actors. These essays explore the links between economic, scientific and technological spheres and the challenges they present to traditional models of governance in constitutional states
Transnational Governance and Constitutionalism
The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.
Hybrid Forms of Governance
This book is about how power communication inrecent years hasbegun to reflect on its own limits in a new way. It focuseson a number of areas within the welfare state and how power desires non-power. It looks at financial policy, voluntary policy, educational policy and public steering technologies.
Law and Anthropology
Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.
Introduction to Law and Global Governance
This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.
Legitimacy and Effectiveness in Global Economic Governance
Coping with the challenges of global economic governance is a topical issue of the current international agenda, and the object of a vivid debate among scholars and policy-makers. The international financial and economic crisis that erupted in 2007 reveals the fallibility of the neoliberal paradigm that has dominated the world economic landscape for the last quarter of a century; regulatory and supervisory institutions have disclosed their weaknesses, and markets have shown their limits in dealing with the rational allocation of risks, and their lack of resilience to shocks. This book offers a comprehensive view of this matter, examining the dialectic and fluid relations between State sovere...
The Business and Human Rights Landscape
This is the first book offering a comprehensive historical and contemporary analysis of the emerging business and human rights field.
Good Administration and the Council of Europe
This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.
After Public Law
The rapidly transforming legal landscape calls into question the conceptual and value structures modern concepts of public law are built upon. Examining the nature and scope of public law, this volume casts new light on the contemporary and future status of public law, asking what might come after public law in a global legal world.
Intellectual Property Policy Reform
This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so that genuine innovations are recognized. The original contributions illustrate how IP rights can be utilised, through open source licensing systems and private transfers, to disseminate knowledge. Reforms are recommended. The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative direc...
