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The Power of Law in a Transnational World

The Power of Law in a Transnational World
Author: Franz von Benda-Beckmann
Publisher: Berghahn Books
Total Pages: 273
Release: 2012
Genre: Law
ISBN: 0857456156

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How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.


A World of Struggle

A World of Struggle
Author: David Kennedy
Publisher: Princeton University Press
Total Pages: 345
Release: 2018-05-01
Genre: Law
ISBN: 1400889391

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How today's unjust global order is shaped by uncertain expert knowledge—and how to fix it A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.


Is International Law International?

Is International Law International?
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 433
Release: 2017
Genre: Law
ISBN: 0190696419

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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.


Power and Pluralism in International Law

Power and Pluralism in International Law
Author: Edward S. Cohen
Publisher: Routledge
Total Pages: 189
Release: 2022-03-10
Genre: Law
ISBN: 1000554201

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Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.


A Foucauldian Approach to International Law

A Foucauldian Approach to International Law
Author: Leonard M. Hammer
Publisher: Routledge
Total Pages: 134
Release: 2016-03-23
Genre: Law
ISBN: 1317188195

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Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.


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

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The Power of Language in the Making of International Law

The Power of Language in the Making of International Law
Author: Stéphane Beaulac
Publisher: Martinus Nijhoff Publishers
Total Pages: 215
Release: 2004-01-01
Genre: Law
ISBN: 9004136983

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It is in the intellectual context of the new possibility of philosophy, and the great new challenge facing philosophy, that I place Stephane Beaulac's important book. His work takes advantage, in particular, of several of the hard-earned lessons of twentieth-century philosophy and social experience. "From the Foreword,"


Private Power, Public Law

Private Power, Public Law
Author: Susan K. Sell
Publisher: Cambridge University Press
Total Pages: 244
Release: 2003
Genre: Business & Economics
ISBN: 9780521525398

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Analysis of the power of multinational corporations in moulding international law on intellectual property rights.


Mapping the Transnational World

Mapping the Transnational World
Author: Emanuel Deutschmann
Publisher: Princeton University Press
Total Pages: 266
Release: 2022-01-25
Genre: Social Science
ISBN: 0691226504

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A study of the structure, growth, and future of transnational human travel and communication Increasingly, people travel and communicate across borders. Yet, we still know little about the overall structure of this transnational world. Is it really a fully globalized world in which everything is linked, as popular catchphrases like “global village” suggest? Through a sweeping comparative analysis of eight types of mobility and communication among countries worldwide—from migration and tourism to Facebook friendships and phone calls—Mapping the Transnational World demonstrates that our behavior is actually regionalized, not globalized. Emanuel Deutschmann shows that transnational activity within world regions is not so much the outcome of political, cultural, or economic factors, but is driven primarily by geographic distance. He explains that the spatial structure of transnational human activity follows a simple mathematical function, the power law, a pattern that also fits the movements of many other animal species on the planet. Moreover, this pattern remained extremely stable during the five decades studied—1960 to 2010. Unveiling proximity-induced regionalism as a major feature of planet-scale networks of transnational human activity, Deutschmann provides a crucial corrective to several fields of research. Revealing why a truly global society is unlikely to emerge, Mapping the Transnational World highlights the essential role of interaction beyond borders on a planet that remains spatially fragmented.