基本説明
An attempt to provide a legal-theoretical basis for understanding globalisation.
Full Description
This book aims to capture an exploratory approach to theorising the global legal order. Avoiding any brand loyalty to a particular academic perspective, it brings together scholars who contribute a variety of insights covering quite different topics and viewpoints. It sets itself the target of producing a distinctively legal theory of global phenomena, which is capable of illuminating the path of law as an academic discipline, as it confronts a bewildering array of novel situations and innovative ways of thinking about law. The broad base of perspectives found among the contributors, combined with a helpful commentary from the editors, makes the book an ideal Reader to introduce a subject that is becoming of increasing importance for academics, students and practitioners, in law and related fields.
Contents: Introduction, Andrew Halpin & Volker Roeben; Cosmopolitan Legal Orders, H Patrick Glenn; Implications of 'Globalisation' for Law as a Discipline, William Twining; Theorising the Global Legal Order - An Institutionalist Perspective, Stefan Oeter; Incorporating Foreign Legal Ideas through Translation, Ko Hasegawa; Globalisation and Judicial Reasoning: Building Blocks for a Method of Interpretation, Catherine Dupre; Statecraft, Trade and Strategy: Toward a New Global Order, Ari Afilalo & Dennis Patterson; European Union as a Single Working-Living Space: EU Law and New Forms of Intra-Community Migration, Oxana Golynker; The Domestic Enforcement of Supranational Rules: The Role of Evidence in EC Competition Law, Deirdre Dwyer; The UN Declaration on the Rights of Indigenous Peoples: Towards a Global Legal Order on Indigenous Rights?,
Stephen Allen; Developing a Framework for Understanding the Localisation of Global Scripts in East Asia, John Gillespie; Governance Through Corruption: Cosmopolitan Complicity, Nicholas Dorn; Decentralised Constitutionalisation in National and International Courts: Reflections on Comparative Law as an Approach to Public Law, Christian Walter; Concluding Reflections, Andrew Halpin & Volker Roeben
Contents
Introduction, Andrew Halpin & Volker Roeben Cosmopolitan Legal Orders, H Patrick Glenn Implications of 'Globalisation' for Law as a Discipline, William Twining Theorising the Global Legal Order - An Institutionalist Perspective, Stefan Oeter Incorporating Foreign Legal Ideas through Translation, Ko Hasegawa Globalisation and Judicial Reasoning: Building Blocks for a Method of Interpretation, Catherine Dupre Statecraft, Trade and Strategy: Toward a New Global Order, Ari Afilalo & Dennis Patterson European Union as a Single Working-Living Space: EU Law and New Forms of Intra-Community Migration, Oxana Golynker The Domestic Enforcement of Supranational Rules: The Role of Evidence in EC Competition Law, Deirdre Dwyer The UN Declaration on the Rights of Indigenous Peoples: Towards a Global Legal Order on Indigenous Rights?, Stephen Allen Developing a Framework for Understanding the Localisation of Global Scripts in East Asia, John Gillespie Governance Through Corruption: Cosmopolitan Complicity, Nicholas Dorn Decentralised Constitutionalisation in National and International Courts: Reflections on Comparative Law as an Approach to Public Law, Christian Walter Concluding Reflections, Andrew Halpin & Volker Roeben