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Transnational Legal Activism in Global Value Chains: The Ali Enterprises Factory Fire and the Struggle for Justice (Interdisciplinary Studies in Human Rights #6)
by Peer Zumbansen Michael Bader Miriam Saage-Maaß Palvasha ShahabThis open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
Transnational Legal Ordering and State Change
by Gregory ShafferLaw can no longer be viewed through a purely national lens. Transnational legal ordering affects the boundary of the state and the market, the allocation of power among national institutions, the role of professions and their expertise, and associational patterns that provide new normative frames. This book breaks new ground for understanding the impacts of transnational legal ordering within nation-states in today's globalized world. The book addresses the different dimensions of state change at stake and the factors that determine these impacts. It brings together leading scholars from sociology and law who study the effects of transnational legal ordering within different countries. Their case studies illustrate how transnational legal ordering interacts with national law and institutions in different regulatory areas, and cover anti-money laundering, bankruptcy, competition, education, intellectual property, health, and municipal water law and policy in different countries. The book explains the extent and limits of transnational legal ordering in today's world.
Transnational Legal Ordering of Criminal Justice (Cambridge Studies in Law and Society)
by Gregory Shaffer Ely AaronsonHard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.
Transnational Legal Orders
by Terence C. Halliday Gregory ShafferThis book offers a pathbreaking, empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders, this book offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law (corporate bankruptcy, transport of goods by sea, secured transactions law, and international taxation), regulatory law (monetary and trade, finance, food safety, and climate change), and human rights (rule of law, use of indicators regarding human rights treaties, trials of political leaders, right to health and access to medicines, and human trafficking).
Transnational Organised Crime: Perspectives on Global Security (Organizational Crime)
by Adam Edwards Peter GillThe perceived threat of 'transnational organized crime' to Western societies has been of huge interest to politicians, policy makers and social scientists over the last decade. This book considers the origins of this crime, how it has been defined and measured and the appropriateness of governments' policy responses. The contributors argue that while serious harm is often caused by transnational criminal activity - for example, the trafficking in human beings - the construction of that criminal activity as an external threat obscures the origins of these crimes in the markets for illicit goods and services within the 'threatened' societies. As such, the authors question the extent to which global crime can be controlled through law enforcement initiatives, and alternative policy initiatives are considered. The authors also question whether transnational organised crime will retain its place on the policy agendas of the United Nations and European Union in the wake of the 'War on Terror'.
Transnational Organised Crime: A Comparative Analysis (Routledge Research in Transnational Crime and Criminal Law)
by Tom Obokata Brian PayneOrganised crime covers a wide range of activities, including drug trafficking, illegal trafficking of people, and fraud. The existence of a land border does not impede these operations; instead in many cases it is used to their advantage. In response, law enforcement strategies must include a transnational, multi-agency approach. This book critically analyses the extent to which Northern Ireland and the Republic of Ireland have been successful in implementing effective action against transnational organised crime. It explores the adoption of key law enforcement strategies and measures in these jurisdictions, and evaluates how regional (EU law) and international (UN Convention) standards have been implemented at the national level. Drawing on interviews with over 90 stakeholders including the Department of Justice Northern Ireland, the Department of Justice and Equality in Ireland, the Police Service of Northern Ireland and An Garda Síochána, Tom Obokata and Brian Payne discuss the factors affecting the effective prevention and suppression of organised crime, particularly in relation to cross-border cooperation. In exploring challenges of transnational crime and cooperation, this book will be of great use to students and researchers in international and transnational criminal law, criminology, and crime prevention.
Transnational Organized Crime (The\library Of Essays On Transnational Crime Ser.)
by Margaret E. BeareThis selection of influential articles traces our evolving understanding of transnational organized crime - paradigm shifts - from the 'alien conspiracy' focused research to the more nuanced focused scholarship on 'markets' and 'networks', culminating in a focus on 'enablers' of transnational crimes and evaluations of 'harm' from transnational crimes. The selected essays and articles reflect the way in which politics, economics and social factors have impacted on scholarly thinking and the introduction also highlights the many authors and professionals who have been influential in this field. This volume is an essentialone-stop resource for lecturers and students interested in all aspects of transnational organized crime.
Transnational Organized Crime: Summary of a Workshop
by Committee on Law JusticeCrime statistics assail us from the front pages of newspapers around the country--and around the globe. As the world's economic systems become integrated, as barriers to trade, travel, and migration come down, criminal opportunities have rapidly expanded across national borders. Transnational crime has become a problem of considerable political urgency that requires long-term attention. The United States and other countries are devoting significant resources to its investigation and control. The National Academies Committee on Law and Justice convened a workshop to elicit ideas about this phenomenon and to discuss the research and information needs of policy officials. This report lays out the full range of research issues and makes useful suggestions for learning more about transnational crime.
Transnational Policing and Sex Trafficking in Southeast Europe
by Georgios PapanicolaouMounting a vigorous critique on existing approaches to transnational policing, thisbook lays out an argument situating transnational policing within contemporary transformations of the capitalist state and imperialism. Focusing on aparticular case of regional police cooperation against sex trafficking in Southeast Europe, the study shows how contemporary dominant discourses on sex trafficking ultimately facilitate the implementation of new aggressive state strategies against migration and migrant workers and legitimise new police powers and operational capabilities at an international scale. "
Transnational Securities Regulation: How it Works, Who Shapes it (LCF Studies in Commercial and Financial Law #3)
by Antonio MarcacciThe book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff.The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.
Transnational Solidarity: Concept, Challenges and Opportunities
by Helle Krunke Hanne Petersen Ian MannersThe book analyses the concept and conditions of transnational solidarity, its challenges and opportunities, drawing on diverse disciplines as Law, Political Science, Sociology, Philosophy, Psychology and History. In the contemporary world, we see two major opposing trends. The first involves nationalistic and populistic movements. Transnational solidarity has been under pressure for a decade because of, among others, global economic and migration crises, leading to populistic and authoritarian leadership in some European countries, the United States and Brazil. Countries withdraw from international commitments on climate, trade and refugees and the European Union struggles with Brexit. The second trend, partly a reaction to the first, is a strengthened transnational grass-root community – a cosmopolitan movement – which protests primarily against climate change. Based on interdisciplinary reflections on the concept of transnational solidarity, its challenges and opportunities are analysed, drawing on Europe as a focal case study for a broader, global perspective.
Transnational Sustainability Laws (Global Law Series)
by Phillip PaiementTransnational standards related to the environmental and social sustainability of production processes are becoming commonplace governance tools in the global economy. This book demonstrates how sustainability standards serve two fundamentally different functions: coordination and regulation. Standards can coordinate like-minded businesses in an industry by demarcating common sustainability commitments to distinguish between sustainable and unsustainable sectors of the industry. Yet, standards can also regulate businesses, requiring them to change production and trade practices to align with the sustainability demands of third-parties, including trading partners, advocacy groups, consumers and other civil society constituencies. These two functions reflect the private and public lenses, respectively, through which legal scholars can assess standards as transnational sustainability laws. With key case studies in forestry standards, palm oil standards, and the ISEAL Alliance, this book demonstrates how socio-legal analyses of transnational rulemaking inform debates about global administrative law and the constitutionalization of the global economy. Connects transnational legal theory with socio-legal case studies, focusing on actual practices in sustainability governance. Applies a model of two competing functions across three different case studies so readers can understand how the model fits into different contexts and industries. Engages extensively with sociological and political science scholarship, providing a multi-faceted depiction of sustainability standards.
Transnational Terrorism (The Library of Essays on Transnational Crime)
by Steven M. ChermakThe dramatic terrorist attacks of 9/11 highlighted significant gaps in research on the topic as governments, community groups, social service agencies and law enforcement agencies were forced to respond without any evidence-based guidance on best practices for tactics, strategies, and policy development. The essays selected for this volume demonstrate that transnational terrorism is now a thriving area of study and display the breadth and depth of scholarship that has recently been published. The research draws attention to global patterns of transnational terrorism; highlights various structural and cultural explanations; provides an overview of some of the ways that terrorism impacts society; and discusses strategies used to effectively respond to transnational terrorism. This volume, which is of interest to academics, policymakers and practitioners, provides a repository of some of the best contemporary research in this field.
Transnational Terrorist Groups and International Criminal Law (Routledge Research in International Law)
by Anna Marie BrennanAttacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice. Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level. In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.
Transnational Torture: Law, Violence, and State Power in the United States and India
by Jinee LokaneetaEvidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the "war on terror" forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States--two common-law based constitutional democracies--to theorize the relationship between law, violence, and state power in liberal democracies.Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence--a constantly negotiated process--are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
Transnational Trade Unionism: Building Union Power (Routledge Studies in Employment and Work Relations in Context #10)
by Peter Fairbrother Marc-Antonin Hennebert Christian LévesqueTransnational trade union action has expanded significantly over the last few decades and has taken a variety of shapes and trajectories. This book is concerned with understanding the spatial extension of trade union action, and in particular the development of new forms of collective mobilization, network-building, and forms of regulation that bridge local and transnational issues. Through the work of leading international specialists, this collection of essays examines the process and dynamic of transnational trade union action and provides analytical and conceptual tools to understand these developments. The research presented here emphasizes that the direction of transnational solidarity remains contested, subject to experimentation and negotiation, and includes studies of often overlooked developments in transition and developing countries with original analyses from the European Union and NAFTA areas. Providing a fresh examination of transnational solidarity, this volume offers neither a romantic or overly optimistic narrative of a borderless unionism, nor does it fall into a fatalistic or pessimistic account of international union solidarity. Through original research conducted at different levels, this book disentangles the processes and dynamics of institution building and challenges the conventional national based forms of unionism that prevailed in the latter half of the twentieth century.
Transnationalisation and Legal Actors: Legitimacy in Question (Globalization: Law and Policy)
by Bettina Lemann Kristiansen Cécile Pelaudeix Katerina Mitkidis Lauren Neumann Louise MunkholmTransnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.
The Transnationalization of Anti-Corruption Law (Transnational Law and Governance)
by Régis Bismuth, Jan Dunin-Wasowicz, and Philip M. NicholsThe last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.
Transparency: New Trajectories in Law (New Trajectories in Law)
by Rachel AdamsThis book critiques the contemporary recourse to transparency in law and policy. This is, ostensibly, the information age. At the heart of the societal shift toward digitalisation is the call for transparency and the liberalisation of information and data. Yet, with the recent rise of concerns such as 'fake news', post-truth and misinformation, where the policy responses to all these phenomena has been a petition for even greater transparency, it becomes imperative to critically reflect on what this dominant idea means, whom it serves, and what the effects are of its power. In response, this book provides the first sustained critique of the concept of transparency in law and policy. It offers a concise overview of transparency in law and policy around the world, and critiques how this concept works discursively to delimit other forms of governance, other ways of knowing and other realities. It draws on the work of Michel Foucault on discourse, archaeology and genealogy, together with later Foucaultian scholars, including Gayatri Chakravorty Spivak and Judith Butler, as a theoretical framework for challenging and thinking anew the history and understanding of what has become one of the most popular buzzwords of 21st century law and governance. At the intersection of law and governance, this book will be of considerable interest to those working in these fields; but also to those engaged in other interdisciplinary areas, including society and technology, the digital humanities, technology laws and policy, global law and policy, as well as the surveillance society.
Transparency and Conspiracy: Ethnographies of Suspicion in the New World Order
by Harry G. West Todd SandersTransparency has, in recent years, become a watchword for good governance. Policymakers and analysts alike evaluate political and economic institutions--courts, corporations, nation-states--according to the transparency of their operating procedures. With the dawn of the New World Order and the "mutual veil dropping" of the post-Cold War era, many have asserted that power in our contemporary world is more transparent than ever. Yet from the perspective of the relatively less privileged, the operation of power often appears opaque and unpredictable. Through vivid ethnographic analyses, Transparency and Conspiracy examines a vast range of expressions of the popular suspicion of power--including forms of shamanism, sorcery, conspiracy theory, and urban legends--illuminating them as ways of making sense of the world in the midst of tumultuous and uneven processes of modernization. In this collection leading anthropologists reveal the variations and commonalities in conspiratorial thinking or occult cosmologies around the globe--in Korea, Tanzania, Mozambique, New York City, Indonesia, Mongolia, Nigeria, and Orange County, California. The contributors chronicle how people express profound suspicions of the United Nations, the state, political parties, police, courts, international financial institutions, banks, traders and shopkeepers, media, churches, intellectuals, and the wealthy. Rather than focusing on the veracity of these convictions, Transparency and Conspiracy investigates who believes what and why. It makes a compelling argument against the dismissal of conspiracy theories and occult cosmologies as antimodern, irrational oversimplifications, showing how these beliefs render the world more complex by calling attention to its contradictions and proposing alternative ways of understanding it. Contributors. Misty Bastian, Karen McCarthy Brown, Jean Comaroff, John Comaroff, Susan Harding, Daniel Hellinger, Caroline Humphrey, Laurel Kendall, Todd Sanders, Albert Schrauwers, Kathleen Stewart, Harry G. West
The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information
by Mark FensterIs the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.
Transparency in Health and Health Care in the United States: Law and Ethics
by Holly Fernandez Lynch I. Glenn Cohen Carmel Shachar Barbara J. EvansTransparency is a concept that is becoming increasingly lauded as a solution to a host of problems in the American health care system. Transparency initiatives show great promise, including empowering patients and other stakeholders to make more efficient decisions, improve resource allocation, and better regulate the health care industry. Nevertheless, transparency is not a cure-all for the problems facing the modern health care system. The authors of this volume present a nuanced view of transparency, exploring ways in which transparency has succeeded and ways in which transparency initiatives have room for improvement. Working at the intersection of law, medicine, ethics, and business, the book goes beyond the buzzwords to the heart of transparency's transformative potential, while interrogating its obstacles and downsides. It should be read by anyone looking for a better understanding of transparency in the health care context.
Transparency in Insurance Contract Law (AIDA Europe Research Series on Insurance Law and Regulation #2)
by Kyriaki Noussia Pierpaolo MaranoThis Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Transparency in Insurance Regulation and Supervisory Law: A Comparative Analysis (AIDA Europe Research Series on Insurance Law and Regulation #4)
by Pierpaolo Marano Kyriaki NoussiaThis volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.
Transparency in International Investment Arbitration
by Euler, Dimitrij and Gehring, Markus and Scherer, Maxi and Wong, Meagan and Hadgett, Rebecca Dimitrij Euler Markus Gehring Maxi Scherer Meagan Wong Rebecca HadgettThe topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.