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Critical Legal Perspectives On Global Governance

Author: Gráinne de Búrca
Publisher: A&C Black
ISBN: 1782252886
Size: 61.95 MB
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This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.

Europe S Justice Deficit

Author: Dimitry Kochenov
Publisher: Bloomsbury Publishing
ISBN: 1782254838
Size: 37.25 MB
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The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance. "This is a remarkable volume which addresses a long-neglected question about the EU: situated between integration through market freedoms and an emerging constitutional project, how does the EU contribute to the achievement of justice? A set of lively, engaged and scholarly contributions which extend the boundaries of the debate. A must-read for all interested in European Studies." Professor Seyla Benhabib, Eugene Meyer Professor of Political Science and Philosophy at Yale University "The list of authors reads like a veritable "Who's Who of European studiesÂ??...The outcome is fascinating, enormously rich and diverse (with the authors occasionally disagreeing with each other) Â? just as Europe is. Once you have read it, you realize what an important void it has filled. It opens up a new, fresh perspective within the European studies, and I can safely predict that it will become a canon, by reference to which we will be discussing "justice in/of EuropeÂ?? in the years to come." Wojciech Sadurski, Challis Professor of Jurisprudence, The University of Sydney Faculty of Law "By arranging a multi-disciplinary discussion about justice in the EU "as a flow of ideasÂ?? this most engaging book offers a gripping account of justice as the proverbial contested conceptÂ?The editors have succeeded in bringing together a group of feisty scholars keen to present their rather diverse, and at times even exclusive, take on the meaning of justice...A must read for all interested in justice, nothwithstanding their own disciplinary home." Prof Antje Wiener, Chair in Political Science, especially Global Governance, University of Hamburg "The question of the EU's justice deficit could not be of greater relevance. Both scholars and politicians have often argued that the economic and other benefits of the EU compensate for any democratic failings. Yet, as the eurocrisis renders these benefits less apparent, it becomes more appropriate than ever to ask whether it distributes them and any accompanying costs in a just way. The responses of the contributors to this volume prove as disturbing as they are informative." Professor Richard Bellamy, Director of the Max Weber Programme, European University Institute, Florence

Resocialising Europe In A Time Of Crisis

Author: Nicola Countouris
Publisher: Cambridge University Press
ISBN: 110751309X
Size: 64.67 MB
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Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.

International Standardization And The Agreement On Technical Barriers To Trade

Author: Andrea Barrios Villarreal
Publisher: Cambridge University Press
ISBN: 1108474365
Size: 52.30 MB
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This work examines the international standardization system generally, with a specific focus on some of the bodies within this system. It also questions the lack of definition regarding several features related to the system, notably an international standardizing body and international standards in the Agreement on Technical Barriers to Trade.

The Politics Of Justice In European Private Law

Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108335829
Size: 78.44 MB
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The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.

Law And The New Developmental State

Author: David M. Trubek
Publisher: Cambridge University Press
ISBN: 1107031591
Size: 30.70 MB
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This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.

The European Crisis And The Transformation Of Transnational Governance

Author: Christian Joerges
Publisher: Bloomsbury Publishing
ISBN: 1782254919
Size: 49.67 MB
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The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism�? is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.

Theory And Practice Of Harmonisation

Author: Mads Andenas
Publisher: Edward Elgar Publishing
ISBN: 0857933175
Size: 37.90 MB
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Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.

The Futility Of Law And Development

Author: Jedidiah J. Kroncke
Publisher: Oxford University Press
ISBN: 0190233524
Size: 51.16 MB
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For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.

A Mental Theater

Author: Alan Richardson
Publisher: Penn State Press
ISBN: 0271039035
Size: 40.98 MB
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Certain works of Romantic drama&—Prometheus Unbound, Cain, The Cenci&—have received a good deal of critical attention, by as a whole the genre has been misunderstood and only slightly considered. Alan Richardson redresses a tradition of critical neglect by considering the works of Romantic drama not as failed stage-plays (&"closet drama&") but as constituting a new, distinctively Romantic genre. In turning from the contemporary stage&—which was marked by spectacle, rant, and melodrama&—the Romantic poets developed an altogether new kind of drama, one which they hoped could recapture the intensity of Shakespearean tragedy that Neoclassical writers had scarcely approached. Richardson calls this genre (after Byron) &"mental theater,&" both because its works are concerned with portraying the development of self-consciousness and because it fuses the subjectivity of lyric with the interaction of dramatic poetry. Moreover, these works are addressed directly to the mind of the reader, bypassing the medium of stage representation. This study places Romantic self-consciousness in a fundamentally new light. Far from uncritically pursuing an egoistic stance, the Romantics criticize through their poetic drama the attempt to attain psychic autonomy. The protagonists of Romantic drama are seduced by their antagonists into entering such a condition only to find in it a hollow, deathly isolation. They find in self-consciousness not their promised liberation, but a tormented fate modeled after that of their betrayers. Wordsworth, Byron, and Shelley delineate the limitations of &"Romantic&" self-consciousness in their works of mental theater; Shelley alone envisions their transcendence through his radical transformation of consciousness in the conclusion to Prometheus Unbound. This interpretation of mental theater will lead to a new evaluation of the Romantics as dramatic poets. It brings back to critical attention neglected but challenging works such as Byron's Heaven and Earth and Beddoes's Death's Jest-Book, and provides vital new perspectives on undervalued texts like Wordsworth's The Borderers and Byron's Manfred and Cain. It qualifies decades of critical speculation on &"Romantic individualism&" and &"Romantic consciousness,&" and helps return the ideal of imaginative sympathy to the central position held in the critical writings of the Romantics themselves. Finally, in emphasizing the dramatic quality of mental theater, it challenges the still-prevalent view that Romantic poetry in inherently lyrical in character. Scholars concerned with English Romantic drama, Romantic literature, and the Romantic period as well as English drama will find this work to be an important contribution to their understanding.