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Journal articles on the topic 'Transnational legal process'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Shaffer, Gregory. "Transnational Legal Process and State Change." Law & Social Inquiry 37, no. 02 (2012): 229–64. http://dx.doi.org/10.1111/j.1747-4469.2011.01265.x.

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This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize these factors into three clusters. Fourth, we introduce four empirical studies of transnational legal processes' differential effects in five regulatory

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Jodoin, Sébastien. "Transnational Legal Process and Discourse in Environmental Governance: The Case of REDD+ in Tanzania." Law & Social Inquiry 44, no. 04 (2019): 1019–50. http://dx.doi.org/10.1017/lsi.2019.7.

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Governments in developing countries have adopted policies, laws, and programs to reduce carbon emissions from deforestation and forest degradation (REDD+), with the funding and rules provided by global institutions and transnational actors. The transnational legal process for REDD+, entailing the construction and diffusion of legal norms that govern the pursuit of REDD+, has been driven by discursive struggles over the purposes and requirements of REDD+. At the global level, the development of legal norms for REDD+ has been primarily influenced by coalitions committed to the discourses of ecol

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Hu, Weifeng. "On Legal English Translation from the Perspective of Legal Linguistics." Review of Educational Theory 2, no. 3 (2019): 6. http://dx.doi.org/10.30564/ret.v2i3.870.

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With the deepening trend of globalization and the development of economy and society, the demand for international exchange talents is increasing. Especially with the increasing number of transnational corporations, almost every company should have professional legal translation employees to guarantee their legitimacy of transnational trade and effectively prevent the infringement of related rights and interests. Therefore, to improve the quality in transnational translation business and optimize legal English translation skills from the perspective of legal language can not only offer a refer

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Fisher, Elizabeth. "The Rise of Transnational Environmental Law and the Expertise of Environmental Lawyers." Transnational Environmental Law 1, no. 1 (2011): 43–52. http://dx.doi.org/10.1017/s2047102511000021.

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AbstractThe concept of transnational environmental law is used descriptively and prescriptively to refer to a multitude of legal processes which are distinct from transnational law in other legal areas. Hence, the rise of transnational environmental law requires environmental lawyers to reflect on their skills and knowledge and to foster both their contributory and interactional expertise in this area. That process of fostering expertise needs to be seen in light of a number of intellectual challenges, including the necessity to engage with comparative environmental law methodology, the need t

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Shaffer, Gregory, and Daniel Bodansky. "Transnationalism, Unilateralism and International Law." Transnational Environmental Law 1, no. 1 (2011): 31–41. http://dx.doi.org/10.1017/s2047102511000033.

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AbstractWhen we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of the constraints facing consent-based international environmental law, examines the trade-offs between transnational and international environm

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Duve, Thomas. "Transnationalization of Law and Legal Scholarship: Intellectual and Institutional Challenges." International Journal of Legal Information 44, no. 1 (2016): 28–34. http://dx.doi.org/10.1017/jli.2016.4.

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AbstractLaw is changing, and with it, so too the systems of higher education and research. Over the past two decades, both have been undergoing a progressive process of transnationalisation. In the field of law, we are currently experiencing a proliferation of transnational law. In the systems of higher education and research, national structures of knowledge production are giving way to transnational institutional frameworks. Disciplinary boundaries are becoming more permeable. Today, legal scholars have to engage in an increasingly interdisciplinary and transnational dialogue on law. The aim

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Apriatno, Ary. "World Heritage Convention and Transnational Legal Process to Protect Indonesian Nature." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 03 (2019): 489–510. http://dx.doi.org/10.22304/pjih.v6n3.a4.

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The World Heritage Convention demands its states parties to strengthen mechanisms to conserve and preserve natural and cultural heritage consistently. A party to the Convention, Indonesia faces challenges to maintain the balance of economic, social, and environment considerations, pertaining to policies that affect natural heritage. Nevertheless, Indonesia remains committed to observe the Convention’s rules, including ones on sustainability and conservation. As analyzed through transnational legal process theory, the performance of this commitment helps to internalize the Convention’s rules in

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Aprianto, Ary. "World Heritage Convention and Transnational Legal Process to Protect Indonesian Nature." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 03 (2019): 489–510. http://dx.doi.org/10.22304/pjih.v6n3.a4.

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The World Heritage Convention demands its states parties to strengthen mechanisms to conserve and preserve natural and cultural heritage consistently. A party to the Convention, Indonesia faces challenges to maintain the balance of economic, social, and environment considerations, pertaining to policies that affect natural heritage. Nevertheless, Indonesia remains committed to observe the Convention’s rules, including ones on sustainability and conservation. As analyzed through transnational legal process theory, the performance of this commitment helps to internalize the Convention’s rules in

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Jodoin, Sébastien, and Sarah Mason-Case. "What Difference Does CBDR Make? A Socio-Legal Analysis of the Role of Differentiation in the Transnational Legal Process for REDD+." Transnational Environmental Law 5, no. 2 (2016): 255–84. http://dx.doi.org/10.1017/s2047102516000182.

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AbstractThis article offers a socio-legal analysis of the role played by the principle of common but differentiated responsibilities (CBDR) in the development, diffusion, and implementation of jurisdictional REDD+ activities throughout the developing world. It employs a qualitative research method known as process tracing to uncover whether and, if so, to what extent and how actors have used CBDR to support the emergence and effectiveness of the transnational legal process for REDD+. The article argues that the transnational legal process for REDD+ reflects a conception of CBDR in which develo

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Kuo, Ming-Sung. "FROM ADMINISTRATIVE LAW TO ADMINISTRATIVE LEGITIMATION? TRANSNATIONAL ADMINISTRATIVE LAW AND THE PROCESS OF EUROPEAN INTEGRATION." International and Comparative Law Quarterly 61, no. 4 (2012): 855–79. http://dx.doi.org/10.1017/s0020589312000437.

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AbstractGlobalization redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalizing legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its legitimacy on the fulfilment of administrative law requirements. However, given that in the European Union, administrative legitimation is ro

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Arjona, César S. "The Usage of What Country: A Critical Analysis of Legal Ethics in Transnational Legal Practice." Canadian Journal of Law & Jurisprudence 32, no. 02 (2019): 259–83. http://dx.doi.org/10.1017/cjlj.2019.15.

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AbstractThis article maintains that the standard conception of legal ethics – the so-called ‘theory of amorality’ – is highly dependent on context and cannot be consistently applied to transnational legal practice. After defining in some detail the basic tenets of the standard conception, I identify its main assumptions, namely, (i) that a legal relation is an agency relation in which both lawyer and client are individual moral agents, (ii) that such relation is connected to a litigation process, and (iii) that such relation takes place within the framework of a decently well-functioning rule

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Brake, Benjamin, and Peter J. Katzenstein. "Lost in Translation? Nonstate Actors and the Transnational Movement of Procedural Law." International Organization 67, no. 4 (2013): 725–57. http://dx.doi.org/10.1017/s002081831300026x.

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AbstractIn recent years U.S. legal norms and practices reconfigured important elements of how law is thought of and practiced in both common and civil law countries around the world. With specific focus on the spread of American procedural practices (class action and pretrial discovery), this article applies a transactional view of law that emphasizes the private practice of law and nonstate actors. Such an approach highlights important aspects of world politics overlooked by traditional analyses of international legalization, conventionally understood as the direct spread of law by and among

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LISITSA, Valeriy Nikolayevich. "Responsibility of a Host State in Transnational Investment Disputes." Journal of Advanced Research in Law and Economics 9, no. 1 (2018): 139. http://dx.doi.org/10.14505//jarle.v9.1(31).18.

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The article seeks to define the legal nature of the responsibility of a host state in transnational investment disputes. It considers numerous rules (treaties, national law, customs, soft law, etc.) and their application within a domestic legal system to ensure the proper implementation of civil and other legal rights and obligations of host states and foreign investors. It is argued that the involvement of foreign investors and host states in international commercial arbitration, including the ICSID, and the application of international law (along with national law) as a legal ground for the

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Koga, Yukiko. "Between the Law: The Unmaking of Empire and Law's Imperial Amnesia." Law & Social Inquiry 41, no. 02 (2016): 402–34. http://dx.doi.org/10.1111/lsi.12173.

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Asian victims of Japanese imperialism have filed lawsuits against the Japanese government and corporations since the 1990s, which became prime sites for redress decades after Japan's defeat in World War II. As this ethnography demonstrates, this process paradoxically exposes a legal lacuna within this emergent transnational legal space, with plaintiffs effectively caught between the law, instead of standing before the law. Exploring this absence of law, I map out a post‐imperial legal space, created through the erasure of imperial and colonial subjects in the legal framework after empire. Betw

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Sarfaty, Galit A. "Corporate Actors as Translators in Transnational Lawmaking." AJIL Unbound 115 (2021): 278–82. http://dx.doi.org/10.1017/aju.2021.39.

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International legal scholars have long been concerned with the transnational lawmaking process, including the development, interpretation, and implementation of international norms. Yet there has been insufficient attention devoted to the micro-level details by which international law operates. Anthropologists can shed unique insights to this process by uncovering power dynamics, disaggregating institutions and actors, and revealing local practices on the ground. In this essay, I will analyze global supply chain governance through an ethnographic lens in order to examine the role of corporate

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James, Mark, and Guy Osborn. "The Olympics, transnational law and legal transplants: the International Olympic Committee, ambush marketing and ticket touting." Legal Studies 36, no. 1 (2016): 93–110. http://dx.doi.org/10.1111/lest.12095.

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This paper concerns the origination, development and emergence of what might be termed ‘Olympic law’. This has an impact across borders and with transnational effect. It examines the unique process of creation of these laws, laws created by a national legislature to satisfy the commercial demands of a private body, the International Olympic Committee (IOC). It begins by critically locating the IOC and Olympic law and examining Olympic law as a transnational force. Using two case studies, those of ambush marketing and ticket touting, it demonstrates how private entities can be the drivers of sp

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Kerber, Wolfgang. "Institutional Change in Globalization: Transnational Commercial Law from an Evolutionary Economics Perspective." German Law Journal 9, no. 4 (2008): 411–36. http://dx.doi.org/10.1017/s2071832200006519.

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Markets need a complex set of institutions in order to work properly. Within a state, the national legal order with its legal rules, courts, and enforcement agencies have the task of fulfilling this role. Besides safeguarding property rights, the national legal order encompasses (1) the facilitating of market transactions by offering enabling (facilitative) law (as legal standard solutions) and helping private parties to enforce contracts within the domain of freedom of contract, and (2) the regulation of market transactions for solving or mitigating market failures problems and achieving othe

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Son, Sofiia. "Legal regulation of the universal European election process." ScienceRise: Juridical Science, no. 2(16) (June 30, 2021): 22–26. http://dx.doi.org/10.15587/2523-4153.2021.234520.

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The study is devoted to the analysis of the main normative legal acts, regulating the holding of elections within the European Union, linked to the evolution of Ukrainian Constitutionalism and the integration of Ukrainian law into the European legal space. It has been proved, that the correct choice of an electoral system creates a suitable environment for the citizens to exercise one of the fundamental democratic rights, namely to elect their authorized representative who in their turn represent their interests. The article states that despite the growing role of the European Parliament, the

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Krivokapić, Boris. "Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (2017): 110. http://dx.doi.org/10.7251/gfp1707110k.

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The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnersh

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Valiev, R. G. "Legal Institutionalization and Legal Institutions: Conceptual Model." Lex Russica, no. 4 (April 14, 2020): 103–16. http://dx.doi.org/10.17803/1729-5920.2020.161.4.103-116.

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The paper analyzes the theoretical and practical aspects of the dual nature of legal institutionalization in the context of the systemic legal nature of legal institutions. The relevance of the research is due to the uncertainty of the content of ‘legal institutionalization’ concept, which determines the formal attitude to its use in scientific works. The purpose of the research is to form a conceptual understanding of legal institutionalization and legal institutions in the context of their systemic legal nature and correlation dependence. In the process of research, the key provisions of the

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Shkurat, I. "TRANSNATIONAL CORPORATIONS IN THE GLOBALIZATION PROCESS AND THEIR IMPACT ON NATIONAL GOVERNMENTS: THE LEGAL MECHANISM." Law and public administration 1, no. 1 (2020): 13–17. http://dx.doi.org/10.32840/pdu.2020.1-1.2.

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de Groot, Gerard-René, and Conrad J. P. van Laer. "The Dubious Quality of Legal Dictionaries." International Journal of Legal Information 34, no. 1 (2006): 65–86. http://dx.doi.org/10.1017/s0731126500001219.

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As a consequence of the still increasing transnational commercial and scholarly cooperation and exchange, more and more often legal information has to be translated. Sometimes the content of legal documents (contracts, statutory provisions, books and articles on legal topics and so on) has to be translated into another language. But even more frequently, information on rules from one legal system has to be provided in the legal language of another legal system. In both cases the translator or the lawyer involved is confronted with difficulties of legal translation. In both cases bilingual lega

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Pin, Andrea. "The transnational drivers of populist backlash in Europe: The role of courts." German Law Journal 20, no. 2 (2019): 225–44. http://dx.doi.org/10.1017/glj.2019.14.

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AbstractThis Article explores whether and how contemporary constitutionalism may have triggered or facilitated populism and its illiberal agenda. In particular, it focuses on some of the legal doctrines that have characterized the growth of transnational and supranational judicial fora, contrasting them with populism in Europe. The Article first sketches the role of courts in shaping contemporary transnationalism and supranationalism in Europe. Then, it analyzes the role that the ideals of progress and equality have played in the judicialization of pan-European legal culture. Finally, it ponde

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Chen, Jie. "Legal Prevention and Dispute Settlement of Cross-Border Investment Risks of Chinese Private Enterprises under the "One Belt and One Road" Initiative." Advances in Higher Education 3, no. 3 (2019): 148. http://dx.doi.org/10.18686/ahe.v3i3.1488.

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<p>With the initiative of "One Belt and One Road “and the continuous development of China area, the current domestic private enterprises in transnational investment faces some risks, and these risks are mainly concentrated in the process of overseas investment in several stages for market access, asset operations and assets withdrawal. It mainly covers the scope of the foreign capital enterprise property rights, investment, the state environmental protection, tax policy, intellectual property protection, local labor protection and capital withdrawal, etc. This paper attempts to objective

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Davidov, Veronica. "Aguinda v. Texaco Inc." Journal of Legal Anthropology 1, no. 2 (2010): 147–64. http://dx.doi.org/10.3167/jla.2010.010201.

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This article analyzes a series of litigations that began with the Aguinda v. Texaco Inc. case as a site of production of new legal subjectivities for indigenous communities in the region of the Ecuadorian Amazon polluted by oil extraction activities. They engage in the transnational and local legal structures, contribute to and generate legal and scientific knowledge and expertise, and articulate multiple legal subjectivities that position them not only as homogenous plaintiffs in a highly publicized lawsuit, but also as legal actors in complex relation to each other, and to the state. Through

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Anitha, Sundari, Anupama Roy, and Harshita Yalamarty. "Gender, Migration, and Exclusionary Citizenship Regimes: Conceptualizing Transnational Abandonment of Wives as a Form of Violence Against Women." Violence Against Women 24, no. 7 (2017): 747–74. http://dx.doi.org/10.1177/1077801217720693.

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Based on life history narratives of 57 women in India and interviews with 21 practitioners, we document the neglect, abuse, and instrumental deprivation of women’s rights through the process of transnational abandonment. While gendered local sociocultural milieus and economic norms contribute to these harms, they are crucially enabled and sustained by transnational formal-legal frameworks. Widening the explanatory lens for understanding domestic violence beyond the family and community, we argue that in a globalized world, (inter)state policies serve to construct these women as a subordinate c

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Keohane, Robert O., Andrew Moravcsik, and Anne-Marie Slaughter. "Legalized Dispute Resolution: Interstate and Transnational." International Organization 54, no. 3 (2000): 457–88. http://dx.doi.org/10.1162/002081800551299.

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We identify two ideal types of international third-party dispute resolution: interstate and transnational. Under interstate dispute resolution, states closely control selection of, access to, and compliance with international courts and tribunals. Under transnational dispute resolution, by contrast, individuals and nongovernmental entities have significant influence over selection, access, and implementation. This distinction helps to explain the politics of international legalization—in particular, the initiation of cases, the tendency of courts to challenge national governments, the extent o

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Viterbo, Annamaria. "The European Union in the Transnational Financial Regulatory Arena: The Case of the Basel Committee on Banking Supervision." Journal of International Economic Law 22, no. 2 (2019): 205–28. http://dx.doi.org/10.1093/jiel/jgz013.

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ABSTRACT Starting from the observation of an increased politicisation of the financial regulatory debate, the article analyses how this might impact the relationship between the European Union (EU) and the Basel Committee on Banking Supervision. The article first describes transnational financial networks after the global crisis and the shift from trust in technocratic autonomy to distrust and politicisation. It then turns to examine the legal bases for the participation of EU institutions in the Basel standard-setting process, discussing the challenges posed under EU law. The last part of the

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Chevalier, Emilie, and Olivier Dubos. "The Notion of “Transnationality” in Administrative Law: Taxonomy and Judicial Review." German Law Journal 22, no. 3 (2021): 325–43. http://dx.doi.org/10.1017/glj.2021.15.

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AbstractThis Article deals with the issues related to the judicial review of transnational acts which are adopted particularly within the context of the European integration process. The European Union is a privileged playground for the development of administrative acts of this type, primarily because of the existence of various and diverse administrative cooperation mechanisms. Transnational administrative acts are, either because of their adoption process or because of their conditions of enforcement, governed by at least two national legal orders. The question of the availability of judici

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Efrat, Asif, and Abraham L. Newman. "Deciding to Defer: The Importance of Fairness in Resolving Transnational Jurisdictional Conflicts." International Organization 70, no. 2 (2016): 409–41. http://dx.doi.org/10.1017/s0020818316000023.

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AbstractThe cross-border movement of people, goods, and information frequently results in legal disputes that come under the jurisdiction of multiple states. The principle of deference—acceptance of another state's exercise of legal authority—is one mechanism to manage such jurisdictional conflicts. Despite the importance of deference in international law and cooperation, little is known about the causes of variation in its use. In this article, we develop a theory of deference that focuses on the role that domestic institutions and norms play in ensuring procedural and substantive fairness. W

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Erie, Matthew S. "Anticorruption as Transnational Law: The Foreign Corrupt Practices Act, PRC Law, and Party Rules in China." American Journal of Comparative Law 67, no. 2 (2019): 233–79. http://dx.doi.org/10.1093/ajcl/avz018.

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Abstract Corruption has been linked to urgent transnational problems, including, inter alia, market uncertainties, the undermining of democracy, economic disparity, religious extremism, and authoritarianism. As corruption is a global problem, it requires coordination across states’ anticorruption laws. Anticorruption thus provides grounds to reassess the promise and limits of transnational law. This Article examines the operation of anticorruption as transnational law across the corporate governance regimes of the United States and China, the world’s two largest economies. As opposed to percep

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Iryna, HLADIY. "TRANSFER PRICING OF TRANSNATIONAL CORPORATIONS." Foreign trade: economics, finance, law 116, no. 3 (2021): 85–97. http://dx.doi.org/10.31617/zt.knute.2021(116)08.

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Background. In the context of globalization, transnational corporations have turned into highly concentrated points of the world economy and the principal markets for goods and services. It is under such conditions that a comprehensive research of the pricing system within the framework of their activities is relevant. Analysis of recent research and publications has revealed that the process of setting prices for products within their activities in different countries and the development of innovations in domestic legislation require in-depth study. The aim of the article was to study possibl

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Matsuzato, Kimitaka. "Transnational minorities challenging the interstate system: Mingrelians, Armenians, and Muslims in and around Abkhazia." Nationalities Papers 39, no. 5 (2011): 811–31. http://dx.doi.org/10.1080/00905992.2011.599376.

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The collapse of socialist regimes resulted in tremendous regional realignments in the regions surrounding the heartland of Eurasia. Remarkably, not only states, but also transnational actors have played significant roles in this process. This study highlights transnational ethnicities (Mingrelians, Armenians, and Muslims) in Abkhazia, and tries to describe how the involvement of transnational religious organizations (such as the Armenian Apostolic Church and Turkey's Diyanet) affected the politics around these minorities. In the Black Sea rim, interstate and transnational politics are rather a

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Kravtsova, M. O., and T. K. Datsiuk. "THE ROLE OF INTERNATIONAL RELIGIOUS ORGANIZATIONS IN THE PROCESS OF RELIGIOUS LEGAL RELATIONS." Actual problems of native jurisprudence 2, no. 2 (2021): 3–7. http://dx.doi.org/10.15421/392129.

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Both legal and religious responsibilities have a positive and a negative aspect of implementation. The reasons for the contradictions between the norms of religion are due to the following factors: uneven development and change of legal and religious norms, the lack of religious regulation of radical ways to change existing religious rules of conduct; features of the content of the legal norms themselves. The norms of religion are more related to the requirements of duties and prohibitions, and to a lesser extent to permission. The definition of religious actors is given and the existing relig

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Günther, Ursula, Martin Herzog, and Stephanie Müssig. "ResearchingMahrin Germany: A Multidisciplinary Approach." Review of Middle East Studies 49, no. 1 (2015): 23–37. http://dx.doi.org/10.1017/rms.2015.64.

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AbstractThis article considers the legal institution ofmahrin Islamic family law from three research perspectives in order to provide insights into the phenomenon's complexity, particularly with regard to current legal practices. In particular, emphasis is placed both on countries where family law is shaped by Islamic traditions (e.g., Morocco) and on countries whose legal traditions do not have a mahr counterpart (e.g., Germany). First, the social and economic function of dower will be described. As a special form of property transfer, mahr will be analyzed in its historical and present shape

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Tan, Morse. "Member State Compliance with the Judgments of the Inter-American Court of Human Rights." International Journal of Legal Information 33, no. 3 (2005): 319–44. http://dx.doi.org/10.1017/s0731126500011215.

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This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.

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Szkarłat, Monika. "Legal and political hybridity of the European Union – genetically modified organisms’ case." Przegląd Europejski, no. 3.20 (September 1, 2020): 125–44. http://dx.doi.org/10.31338/1641-2478pe.3.20.8.

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The European Union can be described as a particular hybrid integration structure that combines features of a state and intergovernmental organisation. Its institutional framework, legal system and division of competences are examples of a supranational organisation or a transnational decision-making system. The decision-making process is an outcome of network interactions between multiple actors, whose relations are non-hierarchically ordered. Genetically modified organisms (GMO) as an example of modern biotechnology application is a highly polarising subject in the EU, as well as globally. Th

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Zafran, Ruth, and Daphna Hacker. "Who Will Safeguard Transnational Surrogates’ Interests? Lessons from the Israeli Case Study." Law & Social Inquiry 44, no. 04 (2019): 1141–73. http://dx.doi.org/10.1017/lsi.2019.6.

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This article seeks to establish the extent to which the voices and interests of transnational commercial surrogates—women who are paid by intended parents from another country for carrying a pregnancy—are accounted for by those with power to shape the policy around this complex area in the country of the intended parents. Through a first-of-its-kind qualitative study of the viewpoints of policy makers and government officials, taking Israel as a case study, the research maps the hierarchy of interests in Israel as the country of the intended parents, in which the rights and well-being of the t

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João, Maria João, Barbara Magalhaes Bravo, and Jose Caramelo Gomes. "The teaching of law post Bologna." Global Journal of Sociology: Current Issues 8, no. 1 (2018): 30–36. http://dx.doi.org/10.18844/gjs.v8i1.3412.

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AbstractThe Bologna process aims to harmonize European Higher Education. This implies serious changes and challenges for the Legal Higher education institutions and scholars, as this realm of knowledge should now provide skills for the exercise of a legal profession at a transnational level. Law teaching in most institutions simply tried to cope up with the Europeanization process by introducing pale cosmetic changes and therefore not adapting to the European reality and needs. The main objectives are to summarize Bologna’s objectives applied to the teaching/learning of law, assessing various

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Baird, Josephine. "Trans/National Queer Parenting." lambda nordica 24, no. 2-3 (2020): 191–206. http://dx.doi.org/10.34041/ln.v24.585.

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This essay uses my own autobiographical narrative as an example of queer family formation theory in practice to chart the process by which our child was conceived and born in a country where, at the time, such an occurrence was a legal impossibility. The story of our child’s birth begins with my own gender transition across national lines from the U.K. to Sweden, and how I managed to use a legal loophole to register as female in Sweden as a trans woman without having to undergo sterilization, which was the law at the time. I discuss queer family and kinship formation, the issues arising from m

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Vaz Ferreira, Luciano, and Fabio Costa Morosini. "THE IMPLEMENTATION OF INTERNATIONAL ANTI-CORRUPTION LAW IN BUSINESS: LEGAL CONTROL OF CORRUPTION DIRECTED TO TRANSNATIONAL CORPORATIONS." AUSTRAL: Brazilian Journal of Strategy & International Relations 2, no. 3 (2013): 257–78. http://dx.doi.org/10.22456/2238-6912.35615.

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Lately, corruption has become a matter of international concern. A new approach proposes the development of anti-corruption policies directed to the private sector, especially transnational corporations. The idea is to implement mechanisms that attack the supply side of corruption. This research aims to analyze the evolution of international mechanisms for control of corruption directed to transnational corporations. The focus will be on the international treaties. The goal is to identify the existence of an international anti-corruption regime. This research is exploratory in nature. It is an

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Hundley, James M. "Repatriating the Past: Removing the Border through Transnational History." Human Organization 78, no. 4 (2019): 298–310. http://dx.doi.org/10.17730/0018-7259.78.4.298.

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In 2006, Washington's Nooksack Tribe and British Columbia's Stó:lō Nation collaborated to repatriate to Canada a United States-held stone figure. The figure's homecoming was heralded on both sides of the border after being missing for more than a century. This article investigates one process through which this collaboration occurred, namely, the reframing of the cultural and political geography of the region. By reframing their history as transnational, the Coast Salish are erasing the international border and challenging the settler colonial state(s) and the primacy of the nation-state syste

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Brand, Paul. "The English Difference: The Application of Bureaucratic Norms within a Legal System." Law and History Review 21, no. 2 (2003): 383–88. http://dx.doi.org/10.2307/3595098.

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Susan Reynolds has written a typically wide-ranging, and thought-provoking, article about the process of transition from what she calls “the diffused, undifferentiated, customary law” that was characteristic of Western Europe in the early medieval period to the various different forms of “professional law” that were characteristic of the higher courts of Western Europe in the later middle ages. This is a process that she characterizes, surely correctly, as an “important stage of legal history,” for it was only as an end result of this process of transformation that there emerged law courts and

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Powers, Ann. "The Rio+20 Process: Forward Movement for the Environment?" Transnational Environmental Law 1, no. 2 (2012): 403–12. http://dx.doi.org/10.1017/s2047102512000179.

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AbstractThis commentary summarizes the events at the recent UN Conference on Sustainable Development, commonly referred to as Rio+20, noting both the role of official national delegations and the diversity of non-state parties that were involved in a variety of venues at and around Rio+20. It sketches the background of sustainable development efforts, maps the road from the original 1992 Rio Earth Summit to the 20th anniversary gathering, and comments on the Conference’s outcomes and their implications for international law and legal institutions. In answer to the much debated question of whet

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Fagbayibo, Babatunde. "The Legal Regime of Compliance with Regional Norms in Africa: Reframing the Paradigms of Engagement." African Journal of International and Comparative Law 27, no. 3 (2019): 446–65. http://dx.doi.org/10.3366/ajicl.2019.0283.

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A presumption of compliance with transnational norms underlies the conception of regional integration processes and measures. The African integration progress has over the years experienced an acute degree of non-compliance by member states at both sub-regional and continental levels. This situation has stymied the integration process and also raised the importance of approaching the issue of non-compliance from a contextual, pragmatic angle. This article discusses this issue by raising some of the critical challenges obfuscating compliance with regional integration standards in Africa. The ar

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Sukhova, Nadezhda, and Iuliana Babikova. "Challenges of and Responses to Various Legal Mechanisms for the Harmonization of Civil Procedure in Eurasia." Russian Law Journal 8, no. 3 (2020): 141–61. http://dx.doi.org/10.17589/2309-8678-2020-8-3-141-161.

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Law is a cultural phenomenon of society. An analysis of the evolutionary process is key to understanding the positive principles and categories of legal thinking. Legal mechanisms created in unique circumstances become contradictory elements for the existing judicial practice of foreign legal systems. In accordance with modern reality and the tendencies of contemporary society, the problems of globalization determine the necessity of the analysis, which will be to consider whether it is possible to ﬁnd the most eﬀective adoption mechanisms for legal rules and practice through a process of harm

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VIELLECHNER, LARS. "The transnational dimension of constitutional rights: Framing and taming ‘private’ governance beyond the state." Global Constitutionalism 8, no. 3 (2019): 639–61. http://dx.doi.org/10.1017/s2045381719000194.

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Abstract:International law sometimes fails to regulate cross-border affairs due to a lack of consent or pace among the states. As a consequence, transnational governance arrangements, which are established by contract mainly among non-state actors, step in to fill the gap. The arrangement that allocates domains on the Internet offers the most sophisticated example to date. The present article argues that a new approach to the horizontal effect of constitutional rights may both account for the emergence of such arrangements and offer a solution to the problem of their legitimacy. According to t

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Fichera, Massimo. "Same-Sex Marriage and the Role of Transnational Law: Changes in the European Landscape." German Law Journal 17, no. 3 (2016): 383–420. http://dx.doi.org/10.1017/s2071832200019817.

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This Article has a twofold aim. First, it focuses on a particular case study, which has attracted the interest of several scholars from an interdisciplinary perspective: the legalization of same-sex marriage. The Article aims to show how changes in one specific socio-cultural landscape may spill into other contexts as a result of a ripple effect. The idea is to demonstrate how the emergence of a social fact—the increasing demands made by homosexual couples for their union to be recognized in one way or another—may make the process of institutionalization natural. A legal system may sometimes b

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Abdullah, Ahmad Badri. "The Use of Big Data and its Effects on the Right to Privacy: A Shari'ah Perspective." ICR Journal 6, no. 4 (2015): 576–79. http://dx.doi.org/10.52282/icr.v6i4.305.

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The use of big data systems is expanding faster than the rules or legal infrastructures that manage them. Everyday, transnational companies like Google process more than 24,000 terabytes of data and a few largest banks in the world manage more than 75 terabytes of internal corporate data. Facebook, the parallel world with 1.2 billion users at a time who send 10 billion messages, upload 350 million pictures and 250 million videos, is another hallmark of the rise of big data.

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Septin Puspoayu, Elisabeth, and Peni Jati Setyowati. "Illegal, Unreported, and Unregulated Fishing as Transnational Organized Crimes." SHS Web of Conferences 54 (2018): 05003. http://dx.doi.org/10.1051/shsconf/20185405003.

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IUU Fishing (Illegal, Unreported, and Unregulated Fishing) is a fishing activity conducted in territorial waters or EEZ of a country that is unlawfully or unlicensed, and it is not reported or incorrectly reported either on its operations or the data of the vessels and its catch to the authorized fisheries institution. IUU fishing criminals are often a group of foreign organized crime that may cause the implementation of legal proceedings against IUU fishing perpetrators will be more difficult due to the limitations of coastal state jurisdiction. IUU fishing has become a global threat because

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