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1
Chedly, Lotfi. Arbitrage commercial international & ordre public transnational. Tunis: Centre de publication universitaire, 2002.
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2
Megerlin, Francis. Ordre public transnational et arbitrage international de droit privé: Essai critique sur la méthode. Villeneuve-d'Ascq: Presses universitaires du septentrion, 2002.
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McDougal, Myres Smith. The international law of war: Transnational coercion and world public order. New Haven: New Haven Press, 1994.
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Arfazadeh, Homayoon. Ordre public et arbitrage international à l'épreuve de la mondialisation: Une théorie critique des sources du droit des relations transnationales. Bruxelles: Bruylant ; [Paris], 2006.
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Arfazadeh, Homayoon. Ordre public et arbitrage international à l'épreuve de la mondialisation: Une théorie critique des sources du droit des relations transnationales. Bruxelles: Bruylant ; [Paris], 2006.
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Orrin, Judd, Hrsg. Redefining sovereignty: Will liberal democracies continue to determine their own laws and public policies or yield these rights to transnational entities in search of universal order and justice? Hanover, NH: Smith and Kraus Global, 2005.
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Trondal, Jarle. Rise of Common Political Order: Institutions, Public Administration and Transnational Space. Elgar Publishing Limited, Edward, 2017.
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Rise of Common Political Order: Institutions, Public Administration and Transnational Space. Elgar Publishing Limited, Edward, 2017.
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9
Stone Sweet, Alec, und Clare Ryan. A Cosmopolitan Legal Order. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.001.0001.
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The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
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Dalhuisen, Jan H. Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1. 7. Aufl. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509925452.
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This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1 covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.
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Aloysius P, Llamzon. Part I Transnational Corruption and International Efforts at its Control, 3 A Typology of Corruption in Foreign Investment. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198714262.003.0003.
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This chapter categorizes the many modalities of transnational corruption within two groups — transactional and variance bribery. Transaction bribes are payments routinely and often impersonally made to a public official to secure or accelerate the performance of that official's duties. The payment is not made in order to secure the public official's divergence from a substantive norm. Instead, the payment is made simply to ensure that the public official performs his duty more efficiently, hence the term ‘grease money’ or the euphemism ‘facilitation payment’. Variance bribes involve payments made in order to obtain a favourable result through a deviation from the proper application of a norm. The bribe might be paid in order to suspend the operation of a legal prescription, or in order to have a public official exercise his discretion in a manner favourable to the payer.
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Jan H, Dalhuisen. 7 The Applicable Law in International Financial Disputes. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199687862.003.0007.
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This chapter discusses the following topics: challenges concerning the applicable law in international financial transactions; the powers of international arbitrators, the delocalization issue, the emergence of a transnational commercial and financial legal order and its meaning for international arbitration and applicable law; the operation of transnational private law; the building-blocks of private law in international finance; public policy concerning financial instruments; and the applicable law clause in the P.R.I.M.E. Finance arbitration rules.
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Sweet, Alec Stone, und Clare Ryan. Introduction and Overview. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0001.
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This introductory chapter defines the concept of a cosmopolitan legal order (CLO), and provides a summary overview of the book. A CLO is a transnational legal system in which justiciable rights are held by individuals, all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction, and domestic and transnational judges supervise how officials do so. In Europe, such an order emerged as a product of the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights (ECHR), and the incorporation of the Convention into national law. The book explicates the European CLO in light of Kantian constitutional theory, which is applied to the law and politics of the ECHR regime.
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Mückenberger, Ulrich, und Katja Nebe, Hrsg. Transnationale soziale Dialoge und ihr Beitrag für den europäischen sozialen Fortschritt. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845257693.
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In our times of globalisation, an effective employment law that transcends national borders is of great public interest. In a project funded by the DFG (Germany’s central research funding organisation), the potential of transnational social dialogues in Europe to shape society innovatively was examined. To this end, 2500 agreements of European works councils and social dialogues according to the TFEU that are either specific to one industry or relate to a number of sectors, transnational company agreements and multi-actor agreements were collected, coded and comparatively assessed. Social dialogues have brought about innovations in employment law and/or have concretised abstract norms in the context of industry, as this study proves in the areas of health and safety, information and consultation, anti-discrimination rights and compatibility with European legal regulations. However, this study finds that in order for transnational social dialogues to have a sustainable effect in their approach to setting standards, they require more legal support on both a national and European level.
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Banu, Roxana. Universalism Versus Uniformity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819844.003.0008.
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This chapter focuses on the way in which relational internationalists referenced the transnational context of individual interests and how the pursuit of order and uniformity fits within the relational internationalist perspective. It is commonly assumed that all nineteenth-century individual-centered theories, especially Savigny’s, pled for an intransigent pursuit of order and uniformity. However, this chapter argues that this was rather the main motivation of state-centered theories focused on an analogy between PrIL and PublIL, and of individualistic theories focused on individual liberty. By emphasizing how their reconstruction of jus gentium and natural law was placed alongside their insistence on the particularity of each people, this chapter shows that the universalistic ideology of the relational internationalist authors referenced throughout this book is, in fact, considerably more fluid and more restrained than that of state-centric or individualistic authors. Furthermore, this chapter brings the relational internationalist perspective in conversation with twentieth-century German interest jurisprudence.
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Petersmann, Ernst-Ulrich. Transforming World Trade and Investment Law for Sustainable Development. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192858023.001.0001.
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Abstract Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for ‘Transforming our World’—aimed at realizing ‘the human rights of all’ and seventeen agreed Sustainable Development Goals (SDGs)—requires transforming the United Nations (UN) and World Trade Organization (WTO) legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state capitalist, European ordo-liberal, and third-world conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance failures, and constitutional failures. For example, the intergovernmental negotiations in the context of the 1992 UN Framework Convention on Climate Change have failed to prevent or considerably limit climate change. In order to prevent trade, investment, energy, and climate conflicts, sustainable development requires reforming trade, investment, and environmental rules and dispute settlement systems. The global health pandemics confirm the need for constitutional reforms of multilevel governance of global public goods. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development, but European economic constitutionalism has been rejected by Anglo-Saxon neo-liberalism, China’s authoritarian state capitalism, and many third-world governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neo-liberal world order risks disintegrating. UN and WTO law must promote private–public network governance, civil society participation, and stronger judicial accountability in order to stabilize and depoliticize multilevel governance of the SDGs.
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Županov, Ines G., Hrsg. The Oxford Handbook of the Jesuits. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190639631.001.0001.
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The chapters in the Oxford Handbook of the Jesuits deal with close to five hundred years of history of the Society of Jesus, a transnational, polyglot Catholic religious order of men, which rose vertiginously to prominence from the mid-sixteenth century until its suppression in 1773. Following this unprecedented event in Church history was its equally unprecedented Restoration in 1814. What held this corporate Jesuit body together through a series of historically documented successes, adjustments, crises and persecutions, and made it continuously cohere around a set of common ideals, commitments and practices? Was it a sense of a “higher goal” cultivated through methodical self-questioning taught by Spiritual Exercises and by observing the rules written in the Constitutions? Toolkits of subjection and subjectivity, fostering discipline as well as collective effervescence among both the Jesuits and their lay supporters - and their enemies - are analyzed in this volume through major topics, events and institutions. Thorn between private and public, religious and secular, “us” and “them”, the Jesuits perfected the art of introspection and the reflection on strategies and mechanisms on how to link individual to society. Today as in the past, even though the Jesuits were and are under obligation to think and act for the Catholic Church, in executing their tasks they exceeded and widened the strictly ecclesiastical boundaries and made major contributions to the secular culture. In the last forty years, in particular, the problem of social justice and ecologically responsible global order are invoked as the most urgent Jesuit concerns. A comprehensive analysis regarding the manner in which the Jesuits set up, acted on, described and analyzed, and they still do, the intercultural and transnational networks - invigorating projects as questionable as the Inquisition, slavery and conversion, as innovative and experimental as accommodation, inculturation and social justice, as useful as education and scholarship - is offered in this volume by more than forty authors, senior and young experts in the field, three of whom are Jesuits themselves.
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Liddick, Donald R. Crimes Against Nature. ABC-CLIO, LLC, 2011. http://dx.doi.org/10.5040/9798400633799.
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This comprehensive analysis of garbage trafficking, wildlife trafficking, illegal fishing, and illegal logging highlights the difficulty in balancing human interests and environmental responsibility. The alarming consequences of eco-crime go far beyond the widespread degradation of the natural world; important societal institutions are undermined and negative social and economic impacts also result from garbage trafficking, wildlife trafficking, illegal fishing, and illegal logging. In order to successfully combat these problems, a consistent, international response will be necessary. Crimes Against Nature: Illegal Industries and the Global Environment addresses an important topic that is largely unknown and rarely documented other than in reports published by environmental NGOs and a limited number of academic articles and journalistic accounts. A comprehensive and up-to-date description of each illicit industry is provided, emphasizing the damages caused, the transnational nature of these activities, the roles played by organized crime and public and private elites, and the range of possible solutions. The author addresses the complexity of balancing human concerns with environmental interests and concludes with information regarding promising recent developments.
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Vail, Mark I. Liberalism in Illiberal States. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190683986.001.0001.
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This book analyzes how national liberal traditions have shaped trajectories of economic reform in France, Germany, and Italy since the early 1990s. In some advanced industrial countries, neoliberal programs of expansive market making, characterized by assaults on non-market arrangements such as welfare states, robust regulatory frameworks, and systems of collective bargaining, have assumed quasi-hegemonic status. Rejecting these neoliberal recipes, many continental European countries have charted their own courses, negotiating the transition to a more liberal economic order while preserving or even expanding policies and institutions that serve as buttresses for processes of economic adjustment. In so doing, they have drawn on much older liberal traditions that are defined by nationally distinctive conceptions of the role of the state and its limits, the structure of the social order, and attendant conceptions of the scope and character of state responsibility. The book analyzes developments in fiscal policy, labor-market policy, and finance, three areas that have been central to the evolving relationship between state and market in advanced industrial countries during the contemporary era of transnational neoliberalism. In each domain, authorities have worked to reconcile their political economies to a more liberal order while preserving a significant role for the public institutions in facilitating adjustment. The book argues that outcomes in the three countries cannot be explained solely by recourse to conventional institutional and interest-based accounts and that ideas act as powerful drivers of patterns of economic adjustment in ways that yield strikingly consistent policy trajectories across economic, institutional, and partisan contexts.
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Netzloff, Mark. Agents beyond the State. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198857952.001.0001.
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The early modern period is often seen as a pivotal stage in the emergence of a recognizably modern form of the state. In Agents Beyond the State, Mark Netzloff returns to this context in order to examine the literary and social practices through which the early modern state was constituted. The state was defined not through the elaboration of theoretical models of sovereignty but rather as an effect of the literary and professional lives of its extraterritorial representatives. Netzloff focuses on the textual networks and literary production of three groups of extraterritorial agents: travelers and intelligence agents, mercenaries, and diplomats. These figures reveal the extent to which the administration of the English state as well as definitions of national culture were shaped by England’s military, commercial, and diplomatic relations in Europe and other regions across the globe. Agents Beyond the State emphasizes these transnational contexts of early modern state formation, from the Dutch Revolt and relations with Venice to the role of Catholic exiles and nonstate agents in diplomacy and international law. These global histories of travel, service, and labor additionally transformed definitions of domestic culture, from the social relations of classes and regions to the private sphere of households and families. Literary writing and state service were interconnected in the careers of Fynes Moryson, George Gascoigne, and Sir Henry Wotton, among others. As they entered the realm of print and addressed a reading public, they introduced the practices of governance to an emerging public sphere.
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Wehrey, Frederic, und Anouar Boukhars. Salafism in the Maghreb. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190942403.001.0001.
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This volume explores the growth and transformation of a particular variant of Islamism—Salafism—in the Maghreb region. Drawing on extensive fieldwork and from previous scholarship on Salafi typologies—specifically, quietist, political, and jihadist variants—it seeks to understand the socioeconomic and political drivers between the growth or diminishing of each trend. The volume pays particular attention to exploring how state-sponsored Salafists compete with more informal, nonstate, and transnational variants, particularly jihadists. It analyses how local political contexts determine the calculations and trajectories of Salafist factions that appear to share a certain doctrinal uniformity but whose actual practice on the ground, in the sphere of Arab politics, varies significantly. Specifically, it assesses state capacities and policies toward Salafis as a crucial variable that has shaped the transformation of Salafism across the Maghreb’s different countries. A key feature of the book is its attention to the blurring of the boundaries between Salafi quietism, political activism, and the imperative, in some countries, for Salafis to modulate aspects of their doctrine to gain public support. It concludes with the observation that Salafism’s growth is the product of a growing and youthful disenchantment with the existing order and especially authoritarianism, corruption, and dislocation. At a time of heightened polarization in the region and unfortunate American misapprehensions of Islamism—at both public and official levels—the book’s granular insights provide correctives for understanding a diverse religious current that has too often been synonymous with extremism.
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Conticelli, Martina, und Thomas Perroud, Hrsg. Procedural Requirements for Administrative Limits to Property Rights. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198867586.001.0001.
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Abstract Within the Common Core of European Administrative Law Project (CoCEAL), and within the vast field of adjudication, this volume develops one of the most traditional sets of procedures, namely procedures that interfere with the right to private property. As in the CoCEAL project as a whole, the structure of our questionnaire takes the fundamentals of expropriations in a given legal order as its starting point and examines a number of cases: the main requirements for property rights restrictions are presented briefly through national reports and discussed through hypotheticals, while our search for comparative evidence focuses on procedural propriety and fairness, leaving aside other aspects, such as the right to compensation. Through a comparative survey spanning twelve legal systems and a transnational regime, our research aims to shed light on the core of administrative activity that exemplifies the 'negative state'. Our main conjectures are as follows: first, that a new property paradigm is emerging; secondly, that this paradigm regards both what property is and how it might be protected; and thirdly, that a common core is emerging, whose relevance counts especially at the level of procedural propriety. Our findings support the idea that much of this shift is grounded in the very essence of a shared understanding of procedural requirements protecting private property against any kind of public restrictions.
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Idler, Annette, und Juan Carlos Garzón Vergara, Hrsg. Transforming the War on Drugs. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197604359.001.0001.
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This book asks how the international community can tackle the complex causes and consequences that the War on Drugs is intended to address. This question arises against the backdrop of the War on Drugs’ failure to significantly reduce the scale or impact of illicit drug production and trafficking as well as the lack of consensus on the way forward in the international policy debate. Challenging conventional defense- and security-sector thinking, this book constitutes the first comprehensive, systematic effort to theoretically, conceptually, and empirically investigate the effects of the international drug control regime’s interpretation as War on Drugs. The volume unpacks the dynamics behind illicit drug markets, the fluid motivations of ‘warriors’, and the evolving consequences for ‘victims’ of this war—the lines between warriors and victims often being blurred. The contributors trace the regime’s interpretation as War on Drugs across vulnerable regions including South and Central America, West Africa, the Middle East and the Golden Crescent, the Golden Triangle, and Russia. They demonstrate that consequences are ‘glocal,’ the repercussions of transnational illicit flows being interdependent with the War’s local impacts on human rights, security, development, and public health. The book further reveals how the War has influenced government positions across these regions, with significant ramifications for the international drug control regime. At a time when global order is in flux and global security at risk, critically evaluating the regime’s securitization through the War on Drugs provides key insights into other global governance realms.
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Idler, Annette. Borderland Battles. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190849146.001.0001.
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Borderlands are like a magnifying glass on some of the world’s most entrenched security challenges. In unstable regions, border areas attract violent non-state groups, ranging from rebels and paramilitaries to criminal organizations, who exploit central government neglect. These groups compete for territorial control, cooperate in illicit cross-border activities, and provide a substitute for the governance functions usually associated with the state. Drawing on extensive fieldwork with more than six hundred interviews in and on the shared borderlands of Colombia, Ecuador, and Venezuela—where conflict is rife and crime thriving—this book provides exclusive firsthand insights into these war-torn spaces. It reveals how dynamic interactions among violent non-state groups produce a complex security landscape with ramifications for order and governance both locally and beyond. These interactions create not only physical violence but also less visible forms of insecurity. When groups fight each other, community members are exposed to violence but can follow the rules imposed by the opposing actors. Unstable short-term arrangements among violent non-state groups fuel mistrust and uncertainty among communities, eroding their social fabric. Where violent non-state groups engage in relatively stable long-term arrangements, “shadow citizenship” arises: a mutually reinforcing relationship between violent non-state groups that provide public goods and services, and communities that consent to their illicit authority. Contrary to state-centric views that consider borderlands uniformly violent spaces, the transnational borderland lens adopted in the book demonstrates how the geography and political economy of these borderlands intensify these multifaceted security impacts.