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Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources. Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.
This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain....
Religious freedom is widely recognized today as a basic human right, guaranteed by nearly all national constitutions. Exporting Freedom charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power. Anna Su traces America’s exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States’ obligation to protect the...
In this revisionist history of the development of the modern monetary system, Desan argues that money effectively creates economic activity rather than emerging from it. Her account demonstrates that money's design has been a project central to governance and formative to markets.
This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.
Introduces corporate law in Australia with authoritative, contextual and critical analyses of the law of corporations and financial markets.
The Indian American community is one of the fastest growing immigrant communities in the U.S. Unlike previous generations, they are marked by a high degree of training as medical doctors, engineers, scientists, and university professors. American Karma draws on participant observation and in-depth interviews to explore how these highly skilled professionals have been inserted into the racial dynamics of American society and transformed into “people of color.” Focusing on first-generation, middle-class Indians in American suburbia, it also sheds light on how these transnational immigrants themselves come to understand and negotiate their identities. Bhatia forcefully contends that to full...