Books and book series
glawcal book series with:
Transnational Law &
Global Law &
In recent years the concepts of "transnational law" and "governance" have been explored by both scholars and practitioners with the terms taking on new meaning and significance, particularly in light of the ongoing economic crisis and a corresponding critical reappraisal of global institutional structures and governance.Transnational law covers a broad theoretical definition which includes studies emerging from disciplines such as international law, comparative law, international economic law and administrative law undertaken by legal scholars but also features extensive research undertaken by scholars from other disciplines, including but not limited to, political sciences, international relations, public administration, sociology, history, philosophy and geography. Recent work has offered up critical evaluations of the current system of governance and transnational rules as being often implemented by Western countries through categories which no longer accurately represent Western economies and are even less relevant to non-Western systems which are becoming increasingly important in the global economy. Governance in particular is now seen as important when we refer to the general stability of the markets, to good faith and other key principles which are fundamental to the notion of a fair market which is responsive to the needs of governments and citizens as well as businesses.This multidisciplinary series aims to provide a home for research exploring these issues. It features cutting-edge works which critically analyse the relationship between governance, institutions and law from a variety of disciplinary perspectives.
Series Editor: Paolo Davide Farah
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EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics
Winfried Huck, Stephen Hardy and Alicia Elias Roberts
Angelica Bonfanti
Transnational business activities are important drivers of growth for developing and least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries' domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted—also throughout their supply chains—and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and the European states have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters—written by scholars and practitioners under the direction of the Editor, Angelica Bonfanti—Business and Human Rights in Europe: International Law Challenges identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.
In the past decade, companies have become increasingly aware of their corporate, social and human responsibilities. However, with the exception of a few isolated cases, access to justice has barely improved, particularly for or violations of socio-economic rights. In most cases of human rights violations by corporations the victims remain without the right to effective judicial protection. International law does not currently allow for the possibility of enforcing corporate responsibility for human rights, leaving victims to attempt to seek recourse in often inefficient and reluctant domestic courts. This book asks how should transnational and other corporations most effectively respect and protect human rights without compromising their primary business objectives? The book identifies and analyses the theoretical foundations and the existing scope and nature of corporate accountability arising from economic and social rights at the international and national levels. Through careful analysis Jernej Letnar Cernic exposes the stark reality of the need for greater clarity in the socio-economic obligations and accountability of corporations. The book goes on to put forward a normative framework for corporate accountability for socio-economic rights in national legal orders building on existing mechanisms.
Pasi Heikkurinen
The rapid industrialization of societies has resulted in radical changes to the Earth's biosphere and its local ecosystems. Climate scientists have recorded and forecasted worrying global temperature rises going back to the early twentieth century, while biologists and palaeontologists have suggested that the next mass extinction is on its way if the current rate of species loss continues. To avert further ecological damage, excessive natural resource use and environmental deterioration are challenges that humanity must deal with now. The human species has had such a significant impact on the natural environment that the present geological epoch can be referred to as the 'Anthropocene', the age of humans. The blame and responsibility for the prevailing unsustainability, however, cannot be assigned equally to all humans. To analyse the root problems and consequences of unsustainable development, as well as to outline rigorous solutions for the contemporary age, this transdisciplinary book brings together natural and social sciences under the rubric of the Anthropocene. The book identifies the central preconditions for social organization and governance to enable the peaceful coexistence of humans and the non-human world. The contributors investigate the burning questions of sustainability from a number of different perspectives including geosciences, economics, law, organizational studies, political theory and philosophy. The book is a state-of-the-art review of the Anthropocene debate and provides crucial signposts for how human activities can, and should, be changed.
A Radically Democratic Response to Global Governance
Margaret Stout and Jeannine M. Love
This book presents a critique of dominant governance theories grounded in an understanding of existence as a static, discrete, mechanistic process, while also identifying the failures of theories that assume dynamic alternatives of either a radically collectivist or individualist nature. Relationships between ontology and governance practices are established, drawing upon a wide range of social, political, and administrative theory. Employing the ideal-type method and dialectical analysis to establish meanings, the authors develop a typology of four dominant approaches to governance. The authors then provide a systematic analysis of each governance approach, thoroughly unpacking and critiquing each one and exploring the relationships and movements among them that engender reform and revolution as well as retrenchment and obfuscation of power dynamics. After demonstrating that each governance approach has fatal flaws within a diverse global context, the authors propose an alternative they call Integrative Governance. As a synthesis of the ideal-types, Integrative Governance is neither individualist nor collectivist, while still maintaining the dynamic character required to accommodate responsiveness to cultural contexts.
This series provides a new focus on the relationship between international law, economy and trade, with special attention to what are commonly referred to as non-trade-related values and concerns. Through research and policy analysis the series sheds new light on a range of issues relating to good governance and human rights in the widest sense. It is held that the values supporting these issues are directly affected by the global expansion of world trade and need to be upheld in order to balance the excesses of globalization. Multidisciplinary in approach, the series integrates studies from scholars and researchers with a range of different backgrounds and interdisciplinary expertise from law, economics, political science, and sociology through to history, philosophy and natural science.
Integrative Governance Generating Sustainable Responses to Global Crises
Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability—including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.
India's Foreign Economic Policy: Deciphering the Law, Economics and Politics
Julien CHAISSE and Debashis CHAKRABORTY
The Reform of International Economic Governance
Antonio Segura Serrano
The second half of the twentieth century saw the emergence of international economic law as a major force in the international legal system. This force has been severely tested by the economic crisis of 2008. Unable to prevent the crisis, the existing legal mechanisms have struggled to react against its direst consequences. This book brings together leading experts to analyse the main causes of the crisis and the role that international economic law has played in trying to prevent it, on the one hand, and worsening it, on the other. The work highlights the reaction and examines the tools that have been created by the international legal field to implement international cooperation in an effort to help put an end to the crisis and avoid similar events in the future. The volume brings together eminent legal academics and economists to examine key issues from the perspectives of trade law, financial law, and investment law with the collective aim of reform of international economic governance.
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
Global Values and International Trade Law
Csongor István Nagy
The Legal Protection of Consumers: Developing a Market Economy in China
Fernando Dias Simões
Alessandra Arcuri and Florin Coman-Kund
The Transnationalization of Anti-Corruption Law
Régis Bismuth, Jan Dunin-Wasowicz and Phil Nichols
Administrative Appeals in EU Law
Giacomo GATTINARA and Alessandro DI MARIO
ON GLOBALIZATION
Ethics and Politics of Space for the Anthropocene
Anu Valtonen, Outi Rantala and Paolo Davide Farah
中国在国际经济法上对非贸易关注问题的影响
Paolo Davide Farah (方仪中)
法律出版社 (Law Press China)
Paolo Davide Farah, Piercarlo Rossi
Imperial College Press (United Kingdom) & World Scientific Publishing