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Books on the topic 'Transnational legal process'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Steinitz, Maya. Transnational Legal Process Theories. Oxford University Press, 2013. http://dx.doi.org/10.1093/law/9780199660681.003.0016.

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2

Koh, Harold Hongju. The Counterstrategy Illustrated: Transnational Legal Process in Action. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190912185.003.0003.

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This chapter illustrates how the counterstrategies of rope-a-dope and transnational legal process have played out since the start of the Trump Administration. The outside strategy of domestic litigation has been combined with other forms of external and internal pressure from many stakeholders in a wideranging effort to resist President Donald Trump’s draconian immigration policies, particularly the Travel Ban, or Muslim Ban. The chapter also describes the core strategy of internalized bureaucratic resistance to efforts to reimpose torture as an “enhanced interrogation tactic.” This counterstr

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3

Sweet, Alec Stone, and Clare Ryan. Constitutional Pluralism and Transnational Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0004.

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In Europe, a cosmopolitan legal order was instantiated through the combined impact of Protocol no. 11 of the ECHR (1998), and the incorporation of the Convention into national legal systems. As a result, two processes—(i) the evolution of constitutional pluralism at the national level; and (ii) the development of rights protection at the transnational level—became causally connected to one another. The first undermined traditional models of domestic orders wherein the notions of constitutional unity and centralized sovereignty reinforced one another. The second process created a multi-level le

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4

Parau, Cristina E. Transnational Networking and Elite Self-Empowerment. British Academy, 2018. http://dx.doi.org/10.5871/bacad/9780197266403.001.0001.

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Studies of the fate of Judiciaries in post-Communist Central and Eastern Europe (CEE) have been rare and attempts at causal explanation rarer. This study found that interlocked transnational networking empowered a minority of elite Judiciary revisionists to entrench their institutional template in Eastern European constitutions, setting these transitional democracies on a trajectory toward a global trend of the judicialization of politics. The first, crucial step in that process is traced: the formal disempowerment of democracy through Judiciary revisions that ordinary people and politicians i

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5

Charles T, Kotuby, and Sobota Luke A. Epilogue: General Principles of Law and International Due Process as a Function of Private International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190642709.003.0004.

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Private international law usually does its part to resolve transnational disputes by pointing parties to the proper forum and the proper law. Its rules are adjectival and rarely provide the ultimate solution to a dispute. But in order to play a more meaningful role in aiding the resolution of modern transnational disputes, the authorities that encompass the rules of private international law might also play a role in determining the substance of the applicable municipal law. In this vein, the “general principles of law recognized by civilized nations” may provide a rich reserve of normative pr

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6

Koh, Harold Hongju. Countries of Concern. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190912185.003.0005.

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This chapter explains how the counterstrategy of transnational legal process has driven Trump back to preexisting policies vis-à-vis three countries of concern. In the continuing struggle to secure peace and denuclearization with North Korea, Trump has been forced back from bellicose rhetoric to a diplomatic strategy that closely resembles both the Iran Nuclear Deal and the policy of strategic patience that he had loudly mocked. Despite Trump’s evident desire to avoid punishing Russian hacking, he has been driven over time to a series of stronger sanctions. Meanwhile, despite Trump’s passivity

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Choudhury, Cyra Akila. Transnational Commercial Surrogacy. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199935352.013.38.

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With the emergence of assisted reproductive technologies, particularly in vitro fertilization, gestational surrogacy in which an woman can be hired to gestate the child of commissioning parents has grown into a multimillion dollar industry. While many countries prohibit surrogacy, others permit and some even allow women to charge for the service of gestation on a commercial basis. This article addresses the regulation of transnational surrogacy and the related legal conflicts that arise in cross-border agreements particularly in commercial contracts It starts with a brief exploration of the su

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8

Koh, Harold Hongju. The Trump Administration and International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190912185.001.0001.

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Will Donald trump international law? Since Trump’s administration took office in January 2017, this question has haunted almost every issue area of international law. This book, by one of our leading international lawyers—a former Legal Adviser of the U.S. State Department, former Assistant Secretary of State for Human Rights, and former Yale Law Dean—argues that President Trump has thus far enjoyed less success than many believe, because he does not own the pervasive “transnational legal process” that governs these issue areas. This book shows how those opposing Trump’s policies in his admini

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9

Koh, Harold Hongju. What’s at Stake. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190912185.003.0007.

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This closing chapter argues that what is ultimately at stake is a struggle between the post–World War II system of Kantian global governance versus an Orwellian vision of spheres of influence supported by President Donald Trump and other global authoritarians. Thus far, history shows that various techniques of resistance can be marshaled to good effect. The foreign policy tally thus far shows that Trump has not been winning and that the rope-a-dope is working. The book closes by arguing that Trump does not own transnational legal process; we all do. But our understanding of transnational legal

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10

Davis, Kevin E. Between Impunity and Imperialism. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190070809.001.0001.

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Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its evolution, and suggests directions for reform. The broad argument is that the current regime embodies a set of values, theories, and practices labeled the “OECD paradigm.” A key premise is that transnational bribery is a serious problem which merits a vigorous legal response, particularly given the difficulty of detecting instances of bribery. The shape of the appropriate response can be summed up

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11

Koh, Harold Hongju. Trump’s “Strategy” and the Counterstrategy of Resistance. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190912185.003.0002.

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This chapter sketches President Donald Trump’s strategy of impulse and instinct and the counterstrategy of transnational legal process, which seeks to effectuate norm internalization into domestic legal systems through interaction–interpretation–internalization (the outside strategy) and engage–translate–leverage (the inside strategy). The outside and inside strategies work together in a complementary way to create an approach called “international law as smart power,” a better alternative to Trump’s counterproductive approach of disengage–black hole–no leverage. The counterstrategy functions

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12

Rudrappa, Sharmila. Reconsiderations of Race. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190465285.003.0012.

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This chapter explores transnational surrogacy in South Asia. India has become the prime destination for surrogacy for Western couples. It is a quicker and easier legal process than adoption, and it allows the Western parents to raise a child who is genetically similar to one of them. The babies' birth certificates have the commissioning parents' names, with no sign whatsoever of the surrogate mothers' role in the development and birth. In order to take the baby to their home country, the new parents must prove that the child is legally theirs through paternal gene testing. Some parents celebra

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13

Ryngaert, Cedric. Sources of International Law in Domestic Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0053.

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This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an ‘upstream’ impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisions can have a jurisgenerative effect on customary international law, where they become part of a transnational dialogue between domestic and internati

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14

Koh, Harold Hongju. Introduction: Trumping International Law? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190912185.003.0001.

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How to resist President Donald Trump’s assault on international law? This introduction sketches the tripartite plan of this book. First, it discusses a counterstrategy of resistance based on transnational legal process. Second, it illustrates that counterstrategy with respect to immigration and refugees, and human rights; the Paris Climate Change Agreement, the Iran Nuclear Deal, and trade diplomacy; with countries of concern such as North Korea, Russia, and Ukraine; and with respect to America’s wars: Al Qaeda, Islamic State, Afghanistan, and Syria. Third, it reviews what broader issues are a

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15

Pfeifer, Michael J. Introduction. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252037467.003.0011.

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This introductory chapter discusses how the origins of American lynching can best be understood as a national, and a transnational, process of cultural and legal formation. Diverging significantly from England and western Europe, the United States' transition to a capitalist economy was not accompanied by the emergence of a strong, centralized national state that claimed and enforced an exclusive monopoly over violence and the administration of criminal justice to secure the rule of law. Rather, American criminal justice developed along a distinctive path that emphasized local authority and op

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16

Serena, Forlati. Part II Commercial Aspects of the Marine Environment, 11 The Contribution of UNODC to Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823964.003.0011.

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This chapter discusses the contribution of the United Nations Office on Drugs and Crime (UNODC) to ocean governance. Formally established in 2004, UNODC is an office of the United Nations (UN) Secretariat focused on addressing the interrelated issues of drug control, crime prevention and international terrorism in the context of sustainable development and human security. The chapter first provides an overview of UNODC’s history, governance and budget before considering its role in achieving the 2030 Agenda for Sustainable Development. It then examines UNODC’s involvement in ocean governance,

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17

Pfeifer, Michael J. Epilogue. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036132.003.0007.

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This concluding chapter expands the subject of lynching to a global, transnational focus, briefly suggesting the implications of the book's analysis for understanding contemporary lynching violence in locales as different as Latin America, sub-Saharan Africa, and the Caribbean. In recent decades, group killing across global cultures has, like American lynching in the long nineteenth century, reflected ambivalence about alterations in law and social values and rejection of seemingly ineffectual legal regimes that ostensibly do not offer sufficient protections for the property or security of par

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18

FitzGerald, David Scott. Refuge beyond Reach. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190874155.001.0001.

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The core of the asylum regime is the principle of non-refoulement that prohibits governments from sending refugees back to their persecutors. Governments attempt to evade this legal obligation to which they have explicitly agreed by manipulating territoriality. A remote control strategy of “extraterritorialization” pushes border control functions hundreds or even thousands of kilometers beyond the state’s territory. Simultaneously, states restrict access to asylum and other rights enjoyed by virtue of presence on a state’s territory, by making micro-distinctions down to the meter at the border

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19

Pabón-Colón, Jessica Nydia. Graffiti Grrlz. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479806157.001.0001.

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Since the dawn of Hip Hop graffiti writing in the late ‘60s, graffiti writers have inscribed their tag names on cityscapes across the globe to claim public space and mark their presence. In the absence of knowing the writer’s identity, the onlooker’s imagination defaults to the gendered, classed, and racialized conventions framing a public act that requires bodily strength and a willingness to take legal, social, and physical risks. Graffiti subculture is thus imagined as a “boys club” and consequently the graffiti grrlz fade from the social imagination. Utilizing a queer feminist perspective,

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20

Ziccardi Capaldo, Giuliana, ed. THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.001.0001.

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The 2016 edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of UN-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to econom

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21

Heathcote, Gina. Feminist Dialogues on International Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199685103.001.0001.

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Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated

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22

Ibarra, Guillermo, ed. Americanism and Anti-Americanism of Mexican Immigrants in Los Angeles. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040832.003.0030.

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This essay argues that U.S.-Mexico relations are so paradoxical, unstable, and sensitive that it is difficult to determine whether or not Mexican people have anti-American sentiments. A randomized survey conducted by Ibarra and his research team in 2004 with foreign-born Mexicans from Sinaloa in Los Angeles County included questions about their attitudes and values. The answers revealed a growing adhesion of these immigrants to an American way of life but in a transformed fashion, keeping their ethno-national identities and forming transnational multicultural identities that cannot be labeled

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23

Duncan, Fairgrieve, and Richard Goldberg. Product Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199679232.001.0001.

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Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information

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24

Grabe, Shelly, ed. Women's Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190614614.001.0001.

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Women’s Human Rights: A Social Psychological Perspective on Resistance, Liberation, and Justice contributes to the discussion of why women’s human rights warrant increased focus in the context of globalization. It considers how psychology can provide the links between transnational feminism and the discourse on women’s human rights and neoliberalism by using activist scholarship and empirical findings based on women’s grassroots resistance. The book takes a radically different approach to women’s human rights than disciplines such as law, for example, by developing new ideas regarding how psyc

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