The Actors Of Postnational Rule Making

Author: Elaine Fahey
Publisher: Routledge
ISBN: 1317515862
Size: 43.90 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: 68.43 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.

Legal Authority Beyond The State

Author: Patrick Capps
Publisher: Cambridge University Press
ISBN: 1107190266
Size: 37.38 MB
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These specially commissioned essays by prominent lawyers and philosophers analyse a range of approaches to legal authority beyond the state.

Beyond Constitutionalism

Author: Nico Krisch
Publisher: OUP Oxford
ISBN: 0191637262
Size: 66.81 MB
Format: PDF
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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: 35.92 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: 10.99 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: 64.43 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.

The Postnational Constellation

Author: J?rgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694403
Size: 53.88 MB
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Does a global economy render the traditional nation-state obsolete? Does globalization threaten democratic life, or offer it new forms of expression? What are the implications of globalization for our understanding of politics and of national and cultural identities? In The Postnational Constellation, the leading German philosopher and social theorist J?rgen Habermas addresses these and other questions. He explores topics such as the historical and political origins of national identity, the catastrophes and achievements of "the long twentieth century," the future of democracy in the wake of the era of the nation-state, the moral and political challenges facing the European Union, and the status of global human rights in the ongoing debate on the sources of cultural identity. In their scope, critical insight, and argumentative clarity, the essays in The Postnational Constellation present a powerful vision of the contemporary political scene and of the challenges and opportunities we face in the new millennium. Those unfamiliar with Habermas's theoretical work will find in this volume a lucid and engaging introduction to one of the world's most influential thinkers. For readers familiar with Habermas's writings, The Postnational Constellation provides an invaluable application of his social and political theories to current political realities.

Routledge Handbook Of International Law

Author: David Armstrong
Publisher: Routledge
ISBN: 1134113080
Size: 39.25 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.

Handbook Of Citizenship Studies

Author: Engin F Isin
Publisher: SAGE
ISBN: 9780761968580
Size: 27.60 MB
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'The contributions of Woodiwiss, Lister and Sassen are outstanding but not unrepresentative of the many merits of this excellent collection'- The British Journal of Sociology From women's rights, civil rights, and sexual rights for gays and lesbians to disability rights and language rights, we have experienced in the past few decades a major trend in Western nation-states towards new claims for inclusion. This trend has echoed around the world: from the Zapatistas to Chechen and Kurdish nationalists, social and political movements are framing their struggles in the languages of rights and recognition, and hence, of citizenship. Citizenship has thus become an increasingly important axis in the social sciences. Social scientists have been rethinking the role of political agent or subject. Not only are the rights and obligations of citizens being redefined, but also what it means to be a citizen has become an issue of central concern. As the process of globalization produces multiple diasporas, we can expect increasingly complex relationships between homeland and host societies that will make the traditional idea of national citizenship problematic. As societies are forced to manage cultural difference and associated tensions and conflict, there will be changes in the processes by which states allocate citizenship and a differentiation of the category of citizen. This book constitutes the most authoritative and comprehensive guide to the terrain. Drawing on a wealth of interdisciplinary knowledge, and including some of the leading commentators of the day, it is an essential guide to understanding modern citizenship. About the editors: Engin F Isin is Associate Professor of Social Science at York University. His recent works include Being Political: Genealogies of Citizenship (Minnesota, 2002) and, with P K Wood, Citizenship and Identity (Sage, 1999). He is the Managing Editor of Citizenship Studies. Bryan S Turner is Professor of Sociology at the University of Cambridge. He has written widely on the sociology of citizenship in Citizenship and Capitalism (Unwin Hyman, 1986) and Citizenship and Social Theory (Sage, 1993). He is also the author of The Body and Society (Sage, 1996) and Classical Sociology (Sage, 1999), and has been editor of Citizenship Studies since 1997.