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Transnational Commercial and Consumer Law: Current Trends In International Business Law (Perspectives in Law, Business and Innovation)
by Arie Reich Mary Hiscock Toshiyuki KonoThis book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop. The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization. The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.
Transnational Constitution Making: External Actors, Expertise, and Democratic Transition (Law, Development and Globalization)
by Alicia Pastor y CamarasaThis book examines the largely neglected but crucial role of transnational actors in democratic constitution-making.The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.
Transnational Construction Arbitration: Key Themes in the Resolution of Construction Disputes (Lloyd's Arbitration Law Library)
by Renato NazziniTransnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.
Transnational Corporations and Transnational Governance
by Sarianna LundanExpanding the economic footprint of the firm comes at the cost of a corresponding increase in the complexity of coordination. Transnational Corporations and Transnational Governance examines the different kinds of distance-related barriers related to cross-border investment. Different forms of governance, whether inside the firm or as part of its network of external relationships, have the aim of reducing uncertainty and creating a more predictable environment. The chapters in this volume explore the impact of conventional distance-related barriers, as well as the more difficult institutional barriers reflecting differences in norms and beliefs, on the costs and methods of coordination adopted by multinational firms.
Transnational Corruption and Corporations: Regulating Bribery through Corporate Liability
by Simeon ObidairoWhat are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements. The book will be of value both to students and researchers with an interest in the regulation of transnational corruption as well as policy-makers and practitioners working in this area.
Transnational Crime: European and Chinese Perspectives (The Queen Mary-Renmin Series on Comparative Criminal Justice Issues in China and Europe)
by Valsamis Mitsilegas Saskia Hufnagel Anton Moiseienko Shi Yanan Liu MingxiangThis volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other’s experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation. This book will be of use to students and academics of comparative criminal justice and anyone interested in transnational crime.
Transnational Crime and Human Rights: Responses to Human Trafficking in the Greater Mekong Subregion
by Susan Kneebone Julie DebeljakTransnational Crime and Human Rights offers an evaluation of the responses to the transnational crime of human trafficking and governance of the issue through a case study of the Greater Mekong Subregion (GMS), which comprises Cambodia, the People's Republic of China, Lao People's Democratic Republic, Myanmar, Thailand, and Viet Nam. The book analyses the international and national legal policy frameworks and the role of governments, international and national non-governmental institutions, and regional processes in responding to trafficking issues in the GMS. The book is based on the findings of a three year study conducted in the region, involving interviews with more than 60 individuals from relevant organizations and agencies, and examines the social, political and historical factors, including gender and age, labour exploitation and migration which form the background to human trafficking in the GMS. The authors consider issues of competing mandates, and gaps in strategies for protection and conclude with a discussion of broader lessons to be learned from the GMS situation and suggestions for future governance strategies in the fight against trafficking.
Transnational Crime and Policing: Selected Essays (Pioneers In Contemporary Criminology Ser.)
by James SheptyckiThis collection of essays on transnational crime and policing covers a broad range of themes: the relationship between global policing and the transnational-state-system; the impact of advanced technologies on policing practice; the changing morphology of occupational policing subculture; and the transnational practices of police agencies. The essays include case studies and are based on empirical fieldwork that began in the early 1990s and continued for over a decade well into the post 9-11 period. This collection also provides valuable accounts of the 'secret social world' of transnational police, demonstrates that the developmental trajectory of transnational practices was already established prior to the 'age of Homeland Security' and addresses the controversial issue of how transnational policing in all of its complex manifestations might be made politically accountable in the interests of the general global commonwealth.
The Transnational Crime of Human Trafficking: A Human Security Approach (Transnational Criminal Justice)
by Maria O'NeillHuman trafficking is a multi-faceted crime. It suffers from definitional and implementation problems. One facet, the focus of this book, is the transnational nature of much of the crime, and the need for practitioners to operate across borders to combat it. Europe has taken a distinctive approach to cross border law enforcement and judicial cooperation, which could be used as a model in other areas of the world. This publication examines these problems from a Council of Europe and European Union perspective, including the now post-Brexit UK. The UK has adopted a distinctive approach to legislating and operationalising its trafficking in human beings (THB) legal frameworks, also legislating for “slavery, servitude, forced and compulsory labour”, resulting in distinctive results in internal UK law enforcement. It is argued here that this approach and the results should inform THB legislative and operational developments more widely. Further action in legal and operational frameworks is, however, clearly needed and the book advocates the adoption of a human security “freedom from fear” approach. Ultimately, the interaction of different legal frameworks, and different jurisdictions requires transnational practitioners to adopt a constructivist approach, as was adopted for the development of the internal EU area of freedom, security and justice. The book will be of interest to academics, researchers and policy-makers working in the areas of transnational law, migration law, criminology and international relations.
Transnational Environmental Crime: Toward An Eco-global Criminology (The\library Of Essays On Transnational Crime Ser.)
by Rob WhiteThe essays selected for this volume illustrate the growing interest in and importance of crime that is both environmental and transnational in nature. The topics covered range from pollution and waste to biodiversity and wildlife crimes, and from the violation of human rights associated with the exploitation of natural resources through to the criminogenic implications of climate change. The collection provides insight into the nature and dynamics of this type of crime and examines in detail who is harmed and what can be done about it. Differential victimisation and contemporary developments in environmental law enforcement are also considered. Collectively, these essays lay the foundations for a criminology that is forward looking, global in its purview, and that deals with the key environmental issues of the present age.
Transnational Environmental Regulation and Governance: Purpose, Strategies and Principles
by Veerle HeyvaertA large and growing proportion of contemporary environmental regulation is transnational, which means that it is impossible to understand environmental governance without a firm grasp of the nature of transnational environmental regulation (TER). In this illuminating work, Veerle Heyvaert offers readers a comprehensive discussion of TER, including analysis of international environmental agreements, regional and EU regulation, private environmental regulation, and governance networks, arguing that TER is highly diverse but sufficiently cohesive to allow the identification of shared characteristics that establish TER as a model of regulation. The book uncovers the key features of TER, and analyses the various intentions of TER regulators, TER's governance principles and compliance strategies, using a newly developed activity-based methodology for regulatory analysis. This book should be read by anyone seeking to understand the strengths and weaknesses of transnational environmental governance and its contribution to sustainability.
Transnational, European, and National Labour Relations: Flexicurity and New Economy (Europeanization and Globalization #4)
by Gerald G. Sander Vesna Tomljenović Nada Bodiroga-VukobratThis book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.
Transnational Evaluation of Constitutions: Through the Prism of Human Rights and International Law (SpringerBriefs in Law)
by Ali ShirvaniThis book provides a hypothetical classification of constitutions through international law and human rights values used in any constitution, which draws connections between the inclusive standards of international law and human rights contained in the constitutions. Consequently, an evaluation method will be available for users to rank any constitution potentiality of analysis for grounds of any commitment and responsibility of the states concerning international law and human rights."This important study uses novel quantitative and qualitative methods to explore the relationship between constitutional and international law. It is a significant contribution to the literature, and pushes us further toward rigorous analysis of transnational legal regimes."Tom Ginsburg Professor of Political Science, Chicago Law School.
Transnational Evidence and Multicultural Inquiries in Europe
by Stefano RuggeriThis book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i. e. , the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Transnational Governance: Emerging Models of Global Legal Regulation
by Scott MannAs globalization continues to spread and evolve, so nation-states attempt to govern financialization, tax evasion, corruption, terrorism, civil and military conflicts and environmental dangers, social polarization and the complexities in human rights implementation, by institutional and transnational means. This volume discusses these issues from different legal perspectives and highlights the challenges of governing human activity in an age of remarkable interconnectedness. Covering a broad range of policy areas and analysis of emerging forms of governance from liberal to critical and Marxist, the chapters are legal in their approach and form an important contribution to the growing study of emergent forms of authority, coordination and power developing in response to the challenges presented by some of the key contemporary governance issues in the first half of the twenty-first century.
The Transnational Governance of Violence and Crime
by Anja P. Jakobi Klaus Dieter WolfBuilding upon a range of case studies that range from civil war to maritime security and cyber crime, the contributors analyse how non-state actors can and should be involved in contributing to state and human security.
Transnational Human Rights Litigation: Challenging the Death Penalty and Criminalization of Homosexuality in the Commonwealth (Ius Gentium: Comparative Perspectives on Law and Justice #75)
by Andrew NovakThis book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.
Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings
by Stefano RuggeriThe protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.
Transnational Law: A Framework for Analysis (Law in Context)
by Michael W. DowdleGlobalisation 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
by Miguel Maduro Kaarlo Tuori Suvi Sankari Miguel Maduro Kaarlo TuoriIn this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.
Transnational Law and State Transformation: The Case of Extractive Development in Mongolia (Law, Development and Globalization)
by Jennifer LanderThis book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.
Transnational Law of Human Mobility: Voluntary Migration in Brazil, Germany, the Mercosul and the EU
by Emília Lana de Freitas CastroThis book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.
Transnational Lawmaking Coalitions for Human Rights
by Nina ReinersTransnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.
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.