Internationalization of Law: Diversity, Perplexity, Complexity
In: Proceedings of the annual meeting / American Society of International Law, Band 106, S. 85-90
ISSN: 2169-1118
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In: Proceedings of the annual meeting / American Society of International Law, Band 106, S. 85-90
ISSN: 2169-1118
The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal, and labor law contribute to the formation of postnational law with different modes of functioning, different actors, and different sources of law that should be understood as a new complexity of law.
In: Ius Gentium: Comparative Perspectives on Law and Justice 2
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
International bank regulation has ramped to prominence over the past two decades, as nations and the global economy have lurched from one financial crisis to another. The current global financial crisis has brought unprecedented general attention to the subject. It is possible that we will witness fundamental changes in the way nations cooperate in the regulation of their financial institutions. Major reform efforts are underway. Yet international bank regulation has unusual characteristics and does not fit easily within the traditional framework of international law. The emerging system is also extremely fluid and complex-matching an extremely fluid and complex system of international finance. Interesting features have begun to emerge, suggesting that the time has come to recognize international banking regulation as an example of a complex adaptive system of the type that attracts the application of complexity theory. This paper outlines the features of the subject and the elements of complexity theory that seem helpful in elucidating the internationalization of international bank regulation.
BASE
In: Collection Passerelle
In: International journal of legal information: IJLI ; the official journal of the International Association of Law Libraries, Band 23, Heft 2, S. 207-207
ISSN: 2331-4117
In: Međunarodni problemi: International problems, Band 54, Heft 3, S. 202-220
ISSN: 0025-8555
In the present stage of development of international economic relations multilateral regulation of competition is becoming more and more important in order to, firstly, annul the effects of domestic rules of competition that are today considered the greatest non-tariff limitation, secondly avoid conflicts that can be caused by exterritorial implementation of national rules in this field, and, finally, define the rules of behavior in the world market. Although the first attempts to regulate this field were made pretty long ago and some activities were taken within UNCTAD, OECD and GATT, no comprehensive rules considering the issues they define and a group of countries that implement them have been adopted at the international level, so far. For the time being, numerous competition problems in relations among countries have been overcome by concluding a number of bilateral agreements and several regional arrangements.
This Article is an account of profound changes in the organization and practice of public interest law that have emerged over the past 25 years against the backdrop of globalization. Its central claim is that as the United States has become more globally interdependent, the institutional context of public interest law has been transformed, elevating transnational mobility as a basic feature of legal practice. The Article specifically examines three vectors of global change that have reshaped the terrain of US public interest law: the increasing magnitude and scope of undocumented immigration; the growth of free trade and its governing institutions; and the heightened political influence of human rights. It suggests that each of these trends has contributed to important institutional revisions within the US public interest system: the rise of immigrant rights as a distinctive category of public interest practice; the emergence of transnational advocacy as a response to the impact of US economic policy abroad; and the movement to promote domestic human rights, both as a way to resist the deregulatory thrust of market integration at home and to defend civil rights and civil liberties in the face of domestic conservatism and the War on Terror. After mapping the institutional scope and density of these changes, the Article appraises their influence on the goals public interest lawyers pursue, the tactics they deploy, and the professional roles they assume in the modern era.
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In: Journal of the American Academy of Matrimonial Lawyers, Band 24, S. 467
SSRN
In: University of Pennsylvania Journal of International Law, Band 39, Heft 1
SSRN
In: Internationalization of Consumer Law; SpringerBriefs in Political Science, S. E1-E1
In: Springer briefs in political science
In: American journal of international law, Band 88, Heft 3, S. 427-450
ISSN: 0002-9300
World Affairs Online
In: American journal of international law: AJIL, Band 88, Heft 3, S. 427-450
ISSN: 2161-7953
United States Secretary of State George Marshall told the General Assembly of the United Nations in 1948 that "[g]overnments which systematically disregarded the rights of their own people were not likely to respect the rights of other nations and other people, and were likely to seek their objectives by coercion and force in the international field."