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Global Justice and Due Process
by Larry MayThe idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.
Global Justice and International Economic Law
by Frank J. GarciaFor centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade – one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure.
Global Justice and International Economic Law
by Frank J. Garcia John Linarelli Chi CarmodySince the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International economic law, a field dominated by legal regimes to liberalize international trade but that also includes international financial law and international law relating to economic development, has become a dense web of treaty commitments at the multilateral, regional, and bilateral levels. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. What is needed is a multidisciplinary approach to understanding the economic fairness problems that societies face as they become increasingly interdependent, and the solutions that international economic law and institutions might facilitate. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars, and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.
Global Justice and International Labour Rights
by Dahan, Yossi and Lerner, Hanna and Milman-Sivan, Faina Yossi Dahan Hanna Lerner Faina Milman-SivanDespite the growing global consensus regarding the need to ensure minimal labour standards, such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear towards foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour standards in a global labour market? This book addresses these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour.
Global Justice and Social Conflict: The Foundations of Liberal Order and International Law
by Tarik KochiGlobal Justice and Social Conflict offers a ground-breaking historical and theoretical reappraisal of the ideas that underpin and sustain the global liberal order, international law and neoliberal rationality. Across the 20th and 21st centuries, liberalism, and increasingly neoliberalism, have dominated the construction and shape of the global political order, the global economy and international law. For some, this development has been directed by a vision of ‘global justice’. Yet, for many, the world has been marked by a history and continued experience of injustice, inequality, indignity, insecurity, poverty and war – a reality in which attempts to realise an idea of justice cannot be detached from acts of violence and widespread social conflict. In this book Tarik Kochi argues that to think seriously about global justice we need to understand how both liberalism and neoliberalism have pushed aside rival ideas of social and economic justice in the name of private property, individualistic rights, state security and capitalist ‘free’ markets. Ranging from ancient concepts of natural law and republican constitutionalism, to early modern ideas of natural rights and political economy, and to contemporary discourses of human rights, humanitarian war and global constitutionalism, Kochi shows how the key foundational elements of a now globalised political, economic and juridical tradition are constituted and continually beset by struggles over what counts as justice and over how to realise it. Engaging with a wide range of thinkers and reaching provocatively across a breadth of subject areas, Kochi investigates the roots of many globalised struggles over justice, human rights, democracy and equality, and offers an alternative constitutional understanding of the future of emancipatory politics and international law. Global Justice and Social Conflict will be essential reading for scholars and students with an interest in international law, international relations, international political economy, intellectual history, and critical and political theory.
Global Justice and the Politics of Recognition
by Tony Burns Simon ThompsonTwo issues have been central within political philosophy in the last decade or so. The first is the debate over 'the politics of distribution versus the politics of recognition, ' which is usually associated with the work of Axel Honneth and Nancy Fraser. The second is discussion of the phenomenon known as globalization, focusing on the notions of cosmopolitanism and global justice. This book explores the relationship between these two issues. It considers not only the global dimension of the politics of recognition, but also how recognition theory can provide new insights into our understanding of problems of global justice, especially those of a non-distributive nature. A number of the contributors consider the relevance of Hegel's theory of recognition for our understanding of these issues.
Global Justice, Christology, and Christian Ethics
by Lisa Sowle CahillGlobal realities of human inequality, poverty, violence and ecological destruction call for a twenty-first-century Christian response which links cross-cultural and interreligious cooperation for change to the Gospel. This book demonstrates why just action is necessarily a criterion of authentic Christian theology, and gives grounds for Christian hope that change in violent structures is really possible. Lisa Sowle Cahill argues that theology and biblical interpretation are already embedded in and indebted to ethical-political practices and choices. Within this ecumenical study, she explores the use of the historical Jesus in constructive theology; the merits of Word and Spirit Christologies; the importance of liberation and feminist theologies as well as theologies from the global south; and also the possibility of qualified moral universalism. The book will be of great interest to all students of theology, religious ethics and politics, and biblical studies.
Global Justice, Human Rights and the Modernization of International Law
by Riccardo Pisillo Mazzeschi Pasquale De SenaThis book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.
The Global Justice Reader
by Thom BrooksThe Global Justice Reader is a first-of-its kind collection that brings together key foundational and contemporary writings on this important topic in moral and political philosophy. Offers a brief introduction followed by important readings on subjects ranging from sovereignty, human rights, and nationalism to global poverty, terrorism, and international environmental justice. Presents the writings of key figures in the field, including Thomas Hobbes, Immanuel Kant, John Rawls, Thomas Pogge, Peter Singer, and many others.
Global Justice Reform: A Comparative Methodology
by Hiram E. ChodoshGlobal Justice Reform critiques and rethinks two neglected subjects: the nature of comparison in the field of comparative law and the struggles of national judicial systems to meet global rule of law objectives. Hiram Chodosh offers a candid look at the surprisingly underdeveloped methodology of comparative legal studies, and provides a creative conceptual framework for defining and understanding the whys, whats, and hows of comparison. Additionally, Chodosh demonstrates how theories of comparative law translate into practice, using contemporary global justice reform initiatives as a case study, with a particular focus on Indonesia and India. Chodosh highlights the gap between the critical role of judicial institutions and their poor performance (for example, political interference, corruption, backlog, and delay), discussing why reform is so elusive, and demonstrating the unavoidable and essential role of comparison in reform proposals.Throughout the book, Chodosh identifies several sources of comparative misunderstanding that impede successful reforms and identifies the many predicaments reformers face, detailing a wide variety of designs, methods, and social dilemmas. In response to these seemingly insurmountable challenges, Chodosh advances some novel conceptual strategies, first by drawing on a body of non-legal scholarship on self-regulating, emergent systems, and then by identifying a series of anti-dilemma strategies that draw upon insights about the nature of comparison.
Global Justice, State Duties
by Malcolm Langford Wouter Vandenhole Martin Scheinin Willem van Genugten Malcolm Langford Wouter Vandenhole Martin Scheinin Willem Van GenugtenThe rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social, and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfill.
Global Labour and the Migrant Premium: The Cost of Working Abroad (Routledge Studies in Liberty and Security)
by Tugba Basaran Elspeth GuildThis book provides the first systematic account of the premium costs that migrants pay to live and work abroad. Reducing the costs of international labour migration, specifically worker-paid costs for low-skilled employment, has become an important item on the global agenda over the last years and is particularly pertinent for the UN’s Global Compact on Safe, Orderly and Regular Migration. Recruitment costs alone amount in most migration corridors to anywhere between one and ten months of foreign earnings and many migrants may well lose between one and two years of foreign earnings, if all costs are considered. This book is intended as a primer for evidence-based policy for reducing the costs of international labour mobility. The contributors include academics from law, economics and politics, but also authors from international organizations, non-governmental organizations, as well as the voices of migrants. The hope of the editors is that this small collection sets the basis for evidence-based policies that seek to reduce the costs of international migration. This book will be of interest to scholars and students of migration, globalization, law, sociology and international relations, as well as practitioners and policy makers.
Global Law Series: Legalized Families in the Era of Bordered Globalization (Global Law Series)
by Daphna HackerProviding a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.
Global Legal History: A Comparative Law Perspective
by Joshua C. Tate José Reinaldo de Lima Lopes Andrés Botero-BernalThis collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.
Global Legal Pluralism
by Paul Schiff BermanWe live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
The Global Limits of Competition Law
by Ioannis Lianos D. Daniel SokolOver the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.
Global Mandatory Fair Use: The Nature and Scope of the Right to Quote Copyright Works (Cambridge Intellectual Property and Information Law #56)
by Tanya Aplin Lionel BentlyIn a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.
Global Maritime Transport and Ballast Water Management: Issues and Solutions (Invading Nature - Springer Series in Invasion Ecology #16)
by Matej David Stephan GollaschIn 2015 the first edition of this book was published before the Ballast Water Management (BWM) Convention entered into force. To our knowledge this was and still is the first comprehensive book on BWM worldwide. It provided an overview of possible solutions to the complex issue of BWM. It further outlined consequences and implications to address the ballast water "problem" in line with provisions of the BWM Convention considering environmental, shipping, legal and policy perspectives. The previously addressed subjects remain essential, but new subjects appeared which more recently have proven to be critical for the effective BWM Convention implementation. After the first book content was already agreed and in preparation, new advances were achieved in BWM-related research around the world. Further, new experience was gained and issues came out during the preparation processes of countries for the BWM Convention implementation. The editors of the first book remained heavily involved in BWM-related research and other processes, hence these new critical BWM issues and subjects are now dealt with in the second edition of this book to complement the first one. In essence, this new book covers main issues that arose recently during the implementation of the BWM Convention. Scientists and experts with extensive experience in these subjects from around the globe from academic and private sectors, as well as national administrations, were involved in the preparation of this book.
Global Markets, Domestic Institutions: Corporate Law and Governance in a New Era of Cross-Border Deals
by Curtis J. MilhauptMarkets for capital, products, and managerial talent are expanding rapidly across national borders, yet domestic laws and practices have never had greater impact on corporate structures and cross-border deals. The distinguished contributors to this volume examine such issues as the possible convergence of corporate governance practices around the world, national variations in the quality of corporate law, and the fiduciary responsibilities corporate managers around the world owe to their shareholders. Case studies focus on France, Germany, Italy, Korea, Taiwan, and the transition economies of Eastern Europe.
Global Markets, Domestic Institutions: Corporate Law and Governance in a New Era of Cross-Border Deals
by Milhaupt Curtis J. Ed.Markets for capital, products, and managerial talent are expanding rapidly across national borders, yet domestic laws and practices have never had greater impact on corporate structures and cross-border deals. Investors pursuing high returns and diversification, entrepreneurs seeking capital, and managers endeavoring to restructure troubled enterprises now routinely face transaction counter-parties who operate within different legal and political systems, and who rank social priorities quite differently. This dynamic tension between global markets and domestic institutions fuels the debate on corporate governance reform now raging in virtually every region of the world. It also frames the intellectual agenda of the distinguished contributors to this volume, who examine such issues as the possible convergence of corporate governance practices around the world, national variations in the quality of corporate law, and the fiduciary responsibilities corporate managers around the world owe to their shareholders. Among the book's many insights is the contention that "globalization" and "global markets" are misleading terms, because they mask the local quality of much of the activity occurring within those rubrics. Case studies focus on France, Germany, Italy, Japan, Korea, Taiwan, and the transition economies of Eastern Europe.
Global Marriage: Cross-Border Marriage Migration in Global Context
by Lucy WilliamsThe popular imagination of marriage migration has been influenced by stories of marriage of convenience, of forced marriage, trafficking and of so-called mail-order brides. This book presents a uniquely global view of an expanding field that challenges these and other stereotypes of cross-border marriage.
Global Media and National Policies: The Return of the State (Palgrave Global Media Policy and Business)
by Terry Flew Petros Iosifidis Jeanette SteemersConventional wisdom views globalization as a process that heralds the diminishing role or even 'death' of the state and the rise of transnational media and transnational consumption. Global Media and National Policies questions those assumptions and shows not only that the nation-state never left but that it is still a force to be reckoned with. With contributions that look at global developments and developments in specific parts of the world, it demonstrates how nation-states have adapted to globalization and how they still retain key policy instruments to achieve many of their policy objectives. This book argues that the phenomenon of media globalization has been overstated, and that national governments remain key players in shaping the media environment, with media corporations responding to the legal and policy frameworks they deal with at a national level.
Global Media Ethics and the Digital Revolution (Routledge Research in Journalism)
by Noureddine MiladiThis volume responds to the challenges posed by the rapid developments in satellite TV and digital technologies, addressing media ethics from a global perspective to discuss how we can understand journalism practice in its cultural contexts. An international team of contributors draw upon global and non-Western traditions to discuss the philosophical origins of ethics and the tension that exists between media institutions, the media market and political/ideological influencers. The chapters then unveil the discrepancies among international journalists in abiding by the ethics of the profession and the extent to which media ethics are understood and applied in their local context/environment. Arguing that the legitimacy of ethics comes not from the definition per se, but from the extent to which it leads to social good, the book posits this should be the media’s raison d'être to abide by globally accepted ethical norms in order to serve the common good. Taking a truly global approach to the question of media ethics, this volume will be an important resource for scholars and students of journalism, communication studies, media studies, sociology, politics and cultural studies.
Global Migration and the World Economy: Two Centuries of Policy and Performance
by Timothy J. Hatton Jeffrey G. WilliamsonThis book is the first comprehensive economic assessment of world mass migration taking a long-run historical perspective, including north-north, south-south, and south-north migrations.
Global Migration Governance from Below: Actors, Spaces, Discourses (Mobility & Politics)
by Stefan RotherAfter a long time of neglect, migration has entered the arena of international politics with a force. The 2018 Global Compact for safe, orderly and regular migration (GCM) is the latest and most comprehensive framework for global migration governance. Despite these dynamics, migration is still predominantly framed as a state-centric policy issue that needs to be managed in a top-down manner. This book proposes a difference approach: A truly multi-stakeholder, multi-level and rights-based governance with meaningful participation of migrant civil society. Drawing on 15 years of participant observation on all levels of migration governance, the book maps out the relevant actors, “invited” and “invented” spaces for participation as well as alternative discourses and framing strategies by migrant civil society. It thus provides a comprehensive and timely overview on global migration governance from below, starting with the first UN High Level Dialogue in 2006, evolving around the Global Forum on Migration and Development (GFMD) and leading up to the consultations for the International Migration Review Forum in 2022.