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Content and Meaning of National Law in the Context of Transnational Law

Content and Meaning of National Law in the Context of Transnational Law
Author: Henricus Joseph Snijders
Publisher: sellier. european law publ.
Total Pages: 235
Release: 2009
Genre: Law
ISBN: 3866531273

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This collection of essays by Dutch, English, and Swiss scholars deals with the impact of transnational law, in particular the law of the European Union and the Council of Europe, on the content and meaning given to domestic law by national legislators and judges. The topics covered include the constitutional and practical implications of implementing transnational law at the national level; the interpretation of domestic law against the background of the European Convention on Human Rights; the law of the European Union; and so called "soft law" instruments in areas, such as civil procedure, jurisdiction, contract, company law, and competition law.


The Many Lives of Transnational Law

The Many Lives of Transnational Law
Author: Peer Zumbansen
Publisher:
Total Pages:
Release: 2020
Genre: Conflict of laws
ISBN: 9781108748346

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"In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many Nation States. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today"--


Transnational Law

Transnational Law
Author: Philip Caryl Jessup
Publisher:
Total Pages: 136
Release: 1956
Genre: Conflict of laws
ISBN:

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Transnational Law

Transnational Law
Author: Michael W. Dowdle
Publisher: Cambridge University Press
Total Pages: 745
Release: 2022-09-08
Genre: Law
ISBN: 1108284809

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Globalisation impacts every aspect of modern society and today's law graduates are expected to deal with complex legal problems that require knowledge and training that goes beyond domestic law. This textbook provides an overview of how law is becoming increasingly transnational, facilitating theoretical and practical engagement with transnational legal institutions and phenomena. It advances an analytic framework that will help students to understand what to look for when they encounter transnational legal institutions and practices, and what are the practical and normative implications of their findings. By considering both the theory and practice of transnational law and taking a discursive approach to the material, students are encouraged to arrive at their own conclusions. Adopting interdisciplinary techniques and using case studies from around the world, this book offers a holistic, balanced exploration of a new and emerging discipline.


Transnational Law and Practice

Transnational Law and Practice
Author: Donald Earl Childress III
Publisher: Aspen Publishing
Total Pages: 1056
Release: 2022-10-27
Genre: Law
ISBN: 1543817521

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.


Rule of Law Dynamics

Rule of Law Dynamics
Author: Michael Zurn
Publisher: Cambridge University Press
Total Pages: 401
Release: 2012-06-18
Genre: Law
ISBN: 1139510975

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This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).


Transnational Legal Orders

Transnational Legal Orders
Author: Terence C. Halliday
Publisher: Cambridge University Press
Total Pages: 559
Release: 2015-01-19
Genre: Business & Economics
ISBN: 1107069920

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Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.


Transnational Law

Transnational Law
Author: Miguel Maduro
Publisher: Cambridge University Press
Total Pages: 411
Release: 2014-05
Genre: Law
ISBN: 1107028310

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This book examines the effects of law's de-nationalisation by placing European law in the context of transnational law.


The Law of Nations

The Law of Nations
Author: Emer de Vattel
Publisher:
Total Pages: 668
Release: 1856
Genre: International law
ISBN:

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Making Transnational Law Work in the Global Economy

Making Transnational Law Work in the Global Economy
Author: Pieter H. F. Bekker
Publisher: Cambridge University Press
Total Pages: 719
Release: 2010-10-28
Genre: Law
ISBN: 1139492144

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This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.