The Actors Of Postnational Rule Making

Author: Elaine Fahey
Publisher: Routledge
ISBN: 1317515862
Size: 17.86 MB
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Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.

The Global Reach Of Eu Law

Author: Elaine Fahey
Publisher: Taylor & Francis
ISBN: 1315524082
Size: 71.34 MB
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The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.

European Identity In The Context Of National Identity

Author: Paolo Segatti
Publisher: Oxford University Press
ISBN: 0198732902
Size: 77.90 MB
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In the age of grand recession, nationalism seems to have returned to Europe. In every EU country, many citizens are unhappy with the perceived intrusion of 'Europe' in their way-of-life. Any idea of a genuine pan-European identity seems to be in retreat. This book provides an unprecedented insight into the multiple ways through which citizens of 16 countries connect their own national identity to European identity. The book's theoretical claim is that European identity, as well as national identity, should be empirically assessed taking into account its multi-dimensionality. The volume's contributors suggest that European identity was always unlikely to be a source of political integration and political legitimacy in the way national identities have been in the past and are today. Europeans' primary identity is national rather than supranational. Mutual trust between European peoples exists, but is somewhat fragile. Yet, European identity is intertwined with national identities in manifold ways. The 'imagined communities' at the national and European level show strong similarities - criteria for being a European are strongly associated with the criteria used to define who national belonging. These complex links also manifest themselves in citizen's feelings of interdependence between the nations in the European Union - which, the volume suggests, support the EU in the face of severe crises. The IntUne series is edited by Maurizio Cotta (University of Siena) and Pierangelo Isernia (University of Siena). The INTUNE Project - Integrated and United: A Quest for Citizenship in an Ever Closer Europe - is one of the most recent and ambitious research attempts to empirically study how citizenship is changing in Europe. The book series is organized around the two main axes of the project, to report how the issues of identity, representation and standards of good governance are constructed and reconstructed at the elite and citizen levels, and how mass-elite interactions affect the ability of elites to shape identity, representation and the scope of governance. A first set of four books examines how identity, scope of governance and representation have been changing over time respectively at elites, media and public level. The next two books present cross-level analysis of European and national identity on the one hand and problems of national and European representation and scope of governance on the other, in doing so comparing data at both the mass and elite level. A concluding volume summarizes the main results, framing them in a wider theoretical context.

Beyond Constitutionalism

Author: Nico Krisch
Publisher: OUP Oxford
ISBN: 0191637262
Size: 70.35 MB
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Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society. This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterised by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict rules whose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns about stability, power and the rule of law. This book analyses the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. The empirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralist settings.

Institutionalisation Beyond The Nation State

Author: Elaine Fahey
Publisher: Springer
ISBN: 3319502212
Size: 30.65 MB
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This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.

Unequal Actors In Equalising Institutions

Author: D. Panke
Publisher: Springer
ISBN: 1137363274
Size: 17.81 MB
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This book explores the interplay between formal rules and real world differences, questioning to what extent size-related capacities between states matters for the dynamics and outcomes of negotiations taking place in the United Nations General Assembly, an institution that strongly reflects the one-state, one-vote principle.

Principles Of International Economic Law

Author: Matthias Herdegen
Publisher: Oxford University Press
ISBN: 0198790562
Size: 59.76 MB
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Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

Limits Of Citizenship

Author: Yasemin Nuhoglu Soysal
Publisher: University of Chicago Press
ISBN: 9780226768427
Size: 72.93 MB
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3. Explaining incorporation regimes

Routledge Handbook Of International Law

Author: David Armstrong
Publisher: Routledge
ISBN: 1134113080
Size: 38.10 MB
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The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.

Ruling The World

Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
ISBN: 1139479679
Size: 33.85 MB
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Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.