Littérature scientifique sur le sujet « Transnational legal process »
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Articles de revues sur le sujet "Transnational legal process"
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.
Texte intégralRésumé :
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 areas in Asia, Africa, and South America that illustrate these points. Together, they provide a guide of how to study the interaction of transnational and national legal processes, and the extent and limits of transnational legal processes' effects.
2
Jodoin, Sébastien. « Transnational Legal Process and Discourse in Environmental Governance : The Case of REDD+ in Tanzania ». Law & ; Social Inquiry 44, no 04 (26 avril 2019) : 1019–50. http://dx.doi.org/10.1017/lsi.2019.7.
Texte intégralRésumé :
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 ecological modernization, civic environmentalism, and to a lesser extent, climate justice. Through discourse analysis of the transnational legal process for REDD+ in Tanzania, I show how domestic efforts to operationalize REDD+ have been dominated by a government coalition that has emphasized green governmentality, made few concessions to the discourse of civic environmentalism, and completely neglected the climate justice claims of Indigenous Peoples. This case study reveals how discourse analysis may enhance the study of transnational legal phenomena by drawing attention to the complex interplay of global and domestic discourses and its role in shaping legal norms and reinforcing or challenging structures of power and knowledge within and across legal systems.
3
Hu, Weifeng. « On Legal English Translation from the Perspective of Legal Linguistics ». Review of Educational Theory 2, no 3 (2 juillet 2019) : 6. http://dx.doi.org/10.30564/ret.v2i3.870.
Texte intégralRésumé :
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 reference for the industry, but also provide evidence for the problems arising from the actual legal translation process. Based on the perspective of legal linguistics, this paper tries to puts forward appropriate legal English translation measures mainly by analyzing the skills of legal English translation, with a view to providing some references for relevant scholars.
4
Fisher, Elizabeth. « The Rise of Transnational Environmental Law and the Expertise of Environmental Lawyers ». Transnational Environmental Law 1, no 1 (21 décembre 2011) : 43–52. http://dx.doi.org/10.1017/s2047102511000021.
Texte intégralRésumé :
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 to not privilege one legal system over others, the need to engage with extended legal pluralism, the importance of thinking about the role of language in legal processes, and the significance of understanding the process of co-production.
5
Shaffer, Gregory, et Daniel Bodansky. « Transnationalism, Unilateralism and International Law ». Transnational Environmental Law 1, no 1 (21 décembre 2011) : 31–41. http://dx.doi.org/10.1017/s2047102511000033.
Texte intégralRésumé :
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 environmental law from the perspective of legitimacy, and concludes by discussing the important but delicate relation of international law to transnational environmental law as both a check and a consolidator. International law should guard against the self-serving unilateral use of transnational environmental law, but it should do so in a way that preserves (and does not shut off) the dynamic, responsive character of the transnational environmental law process. Otherwise international law itself will be delegitimized.
6
Duve, Thomas. « Transnationalization of Law and Legal Scholarship : Intellectual and Institutional Challenges ». International Journal of Legal Information 44, no 1 (mars 2016) : 28–34. http://dx.doi.org/10.1017/jli.2016.4.
Texte intégralRésumé :
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 of this piece is to provide an overview of that process and highlight several significant consequences this development might potentially hold for legal scholarship (and its media).
7
Apriatno, Ary. « World Heritage Convention and Transnational Legal Process to Protect Indonesian Nature ». PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no 03 (décembre 2019) : 489–510. http://dx.doi.org/10.22304/pjih.v6n3.a4.
Texte intégralRésumé :
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 into domestic context. It is suggested that Indonesia step up its interaction with the Convention’s actors in the hope of expanding the internalization of the Convention since it will help Indonesia to design better nature conservation and preservation mechanism.
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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 (décembre 2019) : 489–510. http://dx.doi.org/10.22304/pjih.v6n3.a4.
Texte intégralRésumé :
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 into domestic context. It is suggested that Indonesia step up its interaction with the Convention’s actors in the hope of expanding the internalization of the Convention since it will help Indonesia to design better nature conservation and preservation mechanism.
9
Jodoin, Sébastien, et 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 (octobre 2016) : 255–84. http://dx.doi.org/10.1017/s2047102516000182.
Texte intégralRésumé :
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 developing country governments may take on voluntary commitments to reduce their carbon emissions, with the multilateral, bilateral, and private sources of financial support and technical assistance provided by developed countries, international organizations, non-governmental organizations, and corporations. This creative conception and application of CBDR has fostered the construction and diffusion of legal norms for REDD+ because it has influenced the interests, ideas, and identities of public and private actors in the North and South. However, the early challenges associated with the implementation of REDD+ reveal a worrying gap between the financial pledges made by developed countries and the costs associated with the full implementation of REDD+, as well as contradictions in the very way in which the responsibilities of various countries have been defined in the context of REDD+. The analysis has important implications for the transnational governance of REDD+, as well as for scholarship on the role of differentiation in the pursuit of effective and equitable climate change solutions.
10
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 (octobre 2012) : 855–79. http://dx.doi.org/10.1017/s0020589312000437.
Texte intégralRésumé :
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 rooted in Europe's constitutional transformation, I caution against the projection of Europe's experience onto global governance.
Thèses sur le sujet "Transnational legal process"
1
Harfield, Clive Geoffrey. « Process and practicalities : mutual legal assistance and the investigation of transnational crime within the EU from a UK perspective, 1990-2004 ». Thesis, University of Southampton, 2004. https://eprints.soton.ac.uk/194559/.
Texte intégralRésumé :
Domestic criminal law helps define State sovereign identity. Over the past fifty years some criminality has become increasingly transnational in character. In the absence of a universal criminal code (as opposed to specified international crimes), States apply municipal law to prosecute offences of a transnational nature relying on mutual legal assistanceto secure evidence located outside the prosecuting State. A comparatively late contributor to the development of mutual legal assistance the UK now seeks to influence the work of the EU in developing a legal framework upon which to base mutual legal assistance and enhanced international law enforcement co-operation. The course of this developmentis outlined. This thesis examines through questionnaire and interview data, investigator and prosecutor experience of mutual legal assistance mechanisms in gathering of evidence from abroad for use at trial in England and Wales. Comparisons are made with data from an earlier survey of UK police (1996) and with an evaluation of mutual legal assistance administrative mechanisms within the EU (1999-2001) in order to identify changes in investigator experiences since the EU began to drive the strategic development of regional international law enforcement co-operation with the Treaty of Amsterdam and to assess whether politicians and administrators are delivering the solutions needed by investigators working across national borders. Set within the legislative context of the Criminal Justice (International Co-operation) Act 1990, the data indicate that neither this regime nor the emerging EU framework were addressing all practitioner concerns. Political responsesto the New York terrorist attacks of September 2001, which occurred during data gathering for this thesis, accelerated legislative construction in the UK and the EU. Updated to include discussion of these changes (some still not yet entered into force), the thesis now provides a benchmark against which to assess their impact in due course.
2
Lorenzini, Lucie. « Arbitrage interne et international, monisme ou dualisme : réflexion de droit comparé à partir d’une étude franco-italienne ». Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100119.
Texte intégralRésumé :
Depuis ces dernières décennies, le droit de l’arbitrage international connaît une autonomie, en marge de la justice étatique, que les législateurs nationaux ne semblaient guère prévoir. Cette autonomie suscite l’intérêt mais aussi une inquiétude renouvelée par un double constat. Le premier réside dans l’absence d’une définition légale de l’arbitrage international, si ce n’est l’existence d’une définition implicite au travers de critères de distinction à l’égard de l’arbitrage interne. Ces critères, relevant d’une technique législative propre à chaque État, traduisent la conception très particulière qu’ils se font de l’institution et influent inévitablement sur la manière dont ils décident de régir l’arbitrage international. Le second relève de la complexification des échanges économiques et commerciaux transfrontaliers et de l’éclatement exponentiel des sources que connaît l’arbitrage international, sous l’impulsion des sources internationales, des réformes nationales et de la pratique qui en est faite. Le développement de ces règles met en évidence un processus qui s’inscrit dans un contexte favorable à la promotion d’une harmonisation informelle, d’un droit matériel de l’arbitrage international. Ces règles restent, aujourd’hui, insuffisantes. La faiblesse du système réside dans leur origine nationale qui conduit à soumettre la question de la réglementation de l’arbitrage à différentes législations particularistes. Même si le monisme – internationalisé – n’est pas incompatible avec les spécificités de l’arbitrage international, la solution dualiste semble plus opportune : la vraie question étant le degré de prise en compte de ces spécificités par les réglementations nationales. Aussi, l’existence d’un dualisme matériel, puis formel de l’arbitrage international, constitue une démarche préalable à la réflexion sur la potentialité d’un ordre juridique transnational considéré comme le socle normatif de l’arbitrage internationalOver the last decades, unforeseen to national legislators, International Arbitration Law acquired more and more autonomy despite the existence of domestic legislation governing international arbitration. This autonomy has sparked much interest but has also caused some concern. The reason for such concern is twofold. The first cause for concern lies in the fact that there exist no legal definition of international arbitration. Indeed, the notion of international arbitration is, as of today, derived from the various criteria which have been set to distinguish international arbitration from domestic arbitration. These criteria, which stem from legislative methods specific to each national jurisdiction, are a reflection of the very unique approach taken by national laws towards arbitration and inevitably influence the manner in which each state decides to legislate on the rules governing international arbitration.The second cause for concern is the result of the increasing complexity of cross-border economic and commercial trade and the continuous diversification of sources of international arbitration through the enactment of numerous international pieces of legislation, national reform and case law. The development of these rules reveals an ongoing process within a context favorable to an informal harmonization of substantive International Arbitration Law. These rules remain insufficient today. The weakness of the system is due to the fact that International Arbitration has been regulated through domestic legislation. This raises the question of regulating arbitration through country-specific legislation. Even if, when internationalized, monism is not incompatible with the specificities of international arbitration, the dualistic approach seems to be more appropriate. The real question here actually lies is the importance afforded by national regulation to such specificities. Moreover, the existence of material dualism followed by formal dualism in international arbitration is a first step in the ongoing legal debate around the appropriateness of Transnational Arbitral Legal Order as the normative pillar of international arbitration
3
Chen, Wen-Wei, et 陳文葳. « The Making, Becoming and Functioning of IPCC : A Transnational Legal Process Perspective ». Thesis, 2015. http://ndltd.ncl.edu.tw/handle/40331195861493390084.
Texte intégralRésumé :
碩士國立臺灣大學
科際整合法律學研究所
103
The governance of climate change is a transnational legal process as proposed by international legal scholars such as Harold Koh and Jiuun-rong Yeh. In 1998, international society established Intergovernmental Panel on Climate Change (IPCC) to improve the understanding and consensus of climate change governance in a global scale. IPCC, established by United Nations Environment Programme and World Meteorological Organization under the auspice of United Nations General Assembly, incorporates both individual scientists and government representatives into the institution, in order to shape the global scientific consensus of climate change governance. In the past decades, IPCC has served as one promoter of United Nations Framework Convention on Climate Change and Kyoto Protocol by delivery of several global authoritative scientific assessment reports. Besides the promotion of global climate change convention systems, IPCC has also expanded its membership, strengthened its internal regulation in the past twenty years. From this perspective, the institution of IPCC should be served as a dynamic legal process. Moreover, IPCC is heterogeneous to other international regimes in the aspect of its membership, internal regulation and organizational function. Therefore, to observe and analysis the legal process of IPCC becomes crucial. The thesis is a research based on the abovementioned prerequisites. In order to better sketch the general picture of global climate change governance, this research aimed to answer the following questions: What is the process of IPCC’s making, becoming and functioning? What characteristics does the legal process of IPCC show? What forces have driven the organizational and functional development IPCC? What legal theoretical meaning does the legal process of IPCC hint? And finally, where and how do we locate IPCC within the system of global climate change governance? To answer the questions, the thesis was composed of the following parts. Part 1 mapped the research by discussing the existing literature, the to-be-answered questions and relevant theoretical approaches. Part 2 sketched the historical context of the development of climate change science and international atmospheric research regimes as the background knowledge, in order to describe the origin of IPCC in 1988. Subsequently, Part 3 focused on the organizational process of IPCC by observing its membership, institutional body and working procedure. Later in Part 4, the author categorized IPCC’s organizational and functional development into four historical phases. The author proposed that IPCC’s organizational and functional developments are interactive and mutually corresponding to each other. Part 5 addressed the characteristics of IPCC’s legal process, together with the analysis of the driving forces to IPCC’s making, becoming and functioning. The author proposed that, while climate change served as a scientifically sensitive global issue area, both the political structure and the scientific professionals had served as the driving force to the development of IPCC. Moreover, as the global consensus to govern climate change incrementally grew, demands on the scientific information for climate change governance had also become other driving forces. The paper concluded in Part 6. The author concluded that notwithstanding the legal process of IPCC well echoed Harold Koh’s transnational legal process theory, the example of IPCC had underpinned another possible answer to the question which international legalists have always tried to answer: why nations make international law and obey. The making, becoming and functioning of IPCC had showed that scientific uncertainty to govern climate change served as a more satisfactory answer to why nations develop and obey the norms. Given IPCC served as part of global climate change governing system, IPCC is and ought to be considered a feasible governing model in dealing with climate change, just as administrative branches and courts do in dealing with other issue areas in the transnational legal context.
4
Lim, Eugene C. « Transnational legal process and the TRIPS Agreement : Intellectual property rights, international law and the compliance conundrum / ». 2008. http://proquest.umi.com/pqdlink?did=1659917221&sid=4&Fmt=2&clientId=12520&RQT=309&VName=PQD.
Texte intégral
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Hsieh, Yu-hsiu, et 謝雨修. « Forming the Authority of the International Criminal Court : A Transnational Legal Process and Studies of Courts Perspective ». Thesis, 2018. http://ndltd.ncl.edu.tw/handle/u3mwk5.
Texte intégralRésumé :
碩士國立臺灣大學
法律學研究所
106
The International Criminal Court (‘ICC’ or ‘the Court’), which occupies the central place in the literature of international criminal law studies, was established in 2002, based on the 1998 Rome Statute of the International Criminal Court (‘Rome Statute’). The international community then brought the ICC into life, in hopes of “put[ting] an end to the impunity for the perpetrators” of “the most serious crimes of concern to the international community as a whole”, as indicated in the Preamble of the Rome Statute. Sixteen years has passed since the Court was established. What is the performance of the ICC in terms of fighting impunity? How do we understand such performance and what does it signifies? These questions must be of high interest for those who concern the ICC. This Thesis seeks to answer the questions by depicting the operation of the ICC through the lens of Transnational Legal Process, proposed by Harold Koh, and the Studies of Courts, initiated by Martin Shapiro. Under the two methodologies, this Thesis explores the idea of ‘the authority of the ICC’ to depict the 16-year ICC operation by observing the influence of the ICC in its interaction with the international actors—states, international organizations, and non-governmental organizations. The Thesis first argues that the ICC is easily and heavily influenced by the actors, both legally and operationally. After reviewing the design of the Rome Statute and the ICC judgments, decisions, and other legal documents, the Thesis then analyzes them to examine whether the convention genuinely helps the ICC to achieve the end of impunity, and whether the ICC lives up to it in reality. The Thesis finds that the ICC designed under the Rome Statute may be easily subject to the actors when pursuing the convictions, and that the prosecutions in different Situations are plagued with partiality or inefficiency. Behind the analysis, the Thesis discovers that the aforementioned results came from the interaction among the actors and the ICC in the time of the Diplomatic Conference in Rome and the operation of the Court. Actors deployed various tactics and strategies in response to the other actors. This shaped the interaction in the context around the Diplomatic Conference and the Court operation. The Thesis subsequently argues that the authority of the ICC is a struggling authority. Based upon the aforementioned facts and analysis, the Thesis chooses four sets of actors—Coalition for the International Criminal Court, the United States, the African Union and certain African states, and the European Union and the EU states—and observes their interactions with the Court. The Thesis finds that the facts as observed manifest four models of interactions between the actors and the Court—the Aid, the Support, the Warming, and the Quarreling. On the one hand, the action of the Aid and the Support actors clearly shows the growing influence of the ICC to integrate them into the Rome Statute regime. Such interaction forms the authority almost to its fullest. On the other hand, the Warming and the Quarreling actors refused or refuse such integration to the regime. Such deeds diminish the influence of the Court and form the flawed authority. However, facing the Warming and the Quarreling actors, the ICC struggles but fails to influence and convert them as with the Aid and the Support actors. Therefore, judging from the present situation, the Thesis finds its authority as a struggling one.
6
Chen, Tzu-Ging, et 陳子珺. « The Norm-Based Mechanism of Treaty on the Non-Proliferation of Nuclear Weapons : An Approach from Transnational Legal Process Theory ». Thesis, 2016. http://ndltd.ncl.edu.tw/handle/8d2w69.
Texte intégralRésumé :
碩士國立臺灣大學
科際整合法律學研究所
104
It has been over four decades since the enactment of the Treaty on Non-proliferation of the Nuclear Weapons (NPT). During these years, various bilateral, multilateral agreements, regional treaties have been drafted and enacted, for the purpose of strengthening the regulative scope of the NPT. Other than the treaties and agreements mentioned above, international organizations, inter-governmental organizations, and related non-governmental organizations have also played crucial roles in monitoring or promoting the execution of the NPT. International law theories, such as realism and constructivism, have analyzed the factors that triggered States to comply with the treaty respectively based on their distinct viewpoints. However, both realism and constructivism have failed to comprehensively demonstrate the factors and actors that urge States to not only comply, but also obey the NPT. Hence, the application of transnational legal process can lead to a more persuasive interpretation on how transnational actors have pushed States to interact, interpret, and internalize the norms in the NPT. Through depicting the images of the transnational actors, and the dynamic legal process, the blueprint of States’ diplomatic decisions can be thereof manifested.
7
Keady, Joseph. « A Translation of Dominik Nagl’s Grenzfälle with an Introductory Analysis of the Translation Process ». 2020. https://scholarworks.umass.edu/masters_theses_2/881.
Texte intégralRésumé :
My thesis is an analysis of my own translation of a chapter from Dominik Nagl's legal history 'Grenzfälle,' which addresses questions of citizenship and nationality in the context of the German colonies in Africa and the South Pacific. My analysis focuses primarily on strategies that I used in an effort to preserve the strangeness of a linguistic context that is, in many ways, "foreign" to twenty first-century North Americans while also striving to avoid reproducing the violence embedded in language that is historically laden with extreme power disparities.
8
Webber, Craig William Alec. « The decline of dualism : the relationship between international human rights treaties and the United Kingdom's domestic counter-terror laws ». Thesis, 2012. http://hdl.handle.net/10500/10348.
Texte intégralRésumé :
In the first half of the 20th Century, the United Kingdom’s counter-terror laws were
couched extremely broadly. Consequently, they bestowed upon the executive
extraordinarily wide powers with which it could address perceived threats of
terrorism. In that period of time, the internal affairs of any state were considered
sacrosanct and beyond the reach of international law. Consequentially, international
human rights law was not a feature of the first half of the 20th Century.
Following the war, however, international human rights law grew steadily, largely
through the propagation of international treaties. As the 20th Century progressed, the
United Kingdom became increasingly involved in international human rights law,
particularly by way of the ratification of a number of treaties. Prior to the year 2000,
none of these treaties had been directly incorporated into the United Kingdom’s
municipal law. The traditional Dualist understanding of the relationship between
international treaty law and municipal law in the United Kingdom, would hold that
these unincorporated human rights treaties would form no part of that state’s domestic
law.
This Dualist assumption is called into question, however, by a legislative trend which
neatly coincides with the United Kingdom’s increased involvement with international
human rights. This trend consists of two elements, firstly, the progressively plethoric
and specific ways in which the United Kingdom began to define its anti-terror laws.
The specificity in which this legislation was set out curtailed the executive’s powers.
The second element is that, over time, the United Kingdom’s counter-terror laws
increasingly began to include checks and balances on the executive. There is a clear
correlation between these trends and the United Kingdom’s evolving relationship with
international human rights law. That nation’s enmeshment with international human
rights law from 1945 onwards is undeniably linked with the parallel evolution of its
domestic counter-terror laws.
v
One of the grounds on which the status of international law is questioned is that it is
ineffectual. This thesis calls such arguments into question, as it shows that
international human rights treaties have meaningfully impacted on the United
Kingdom’s evolving counter-terror laws and thereby successfully enforced the norms
they advocate.Public, Constitutional, & International
LL.D.
Livres sur le sujet "Transnational legal process"
1
Steinitz, Maya. Transnational Legal Process Theories. Oxford University Press, 2013. http://dx.doi.org/10.1093/law/9780199660681.003.0016.
Texte intégral
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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.
Texte intégralRésumé :
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 counterstrategy, which gives meaning to the slogan “This is what democracy looks like,” will likely continue whether or not the Trump Administration successfully defends its immigration policies in the courts.
3
Sweet, Alec Stone, et Clare Ryan. Constitutional Pluralism and Transnational Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0004.
Texte intégralRésumé :
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 legal system whose effectiveness depends on the extent to which the European Court is able to induce and sustain the cooperation of national courts and officials. The constitutionalization of the proportionality principle, at both the domestic and transnational levels, provided a doctrinal interface for inter-jurisdictional dialogue, and the collective enforcement of the UPR.
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Parau, Cristina E. Transnational Networking and Elite Self-Empowerment. British Academy, 2018. http://dx.doi.org/10.5871/bacad/9780197266403.001.0001.
Texte intégralRésumé :
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 in Central and Eastern Europe little heeded. The causal nexus converging on this outcome is explained. Why it matters is because the revisionist template reorients that most venerable of non-majoritarian institutions beyond adjudication of the guilt or innocence of subjects of state power under legal certainty – the classical role of modern courts – toward the improvisation of public policy, with or without the consent of the majority of the governed, by ‘finding’ it in constitutions; the unique legitimacy of which derives from the prior ratification of a supermajority. The question of who shall have the final disposition of contested constitutional meaning – the Executive, Legislature, Judiciary, the People, or All of these – implicates sovereignty itself and whom it shall rest on: the last word is sovereign for practical purposes. The interdisciplinarity of this study will appeal to a wide audience: scholars of law and politics and socio-legal studies, social scientists researching elite transnationalism and European integration beyond the EU, even institutional design practitioners.
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Charles T, Kotuby, et 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 principles on which private international law may draw to interpret, define, and even correct the governing municipal law. These principles are, after all, borne from a distillation and consensus of municipal laws, and they have been fashioned as positive law to function on the international plane. In a transnational case, involving litigants from differing legal traditions, a solution premised on international rather than municipal principles should be preferred given the competing interests of the two foreign parties to the dispute. Private international law scholars and municipal judges might be best suited to explicate and elevate this source of law with the rigor that is needed to ensure its vitality and applicability to modern transnational disputes.
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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 toward Russian adventurism, a third country of concern, Ukraine, has invoked transnational legal process directly to confront Russia in various international tribunals.
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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 surrogacy industry and growth. It then goes on to describe and analyze some of the legal frameworks that affect surrogacy contracts. The article proceeds to discuss some of the most prominent cross-border controversies to highlight that these conflicts tend to arise from a lack of international or transnational regulation on parentage and citizenship. Finally, the article explores the proposals for international regulation and the prospects of solving some of the more difficult legal problems that have arisen from transnational surrogacy.
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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 administration’s first two years have successfully triggered transnational legal process as part of a collective counterstrategy akin to Muhammad Ali’s famous “rope-a-dope.” The book surveys many fields of international law: immigration and refugees, human rights, climate change, denuclearization, trade diplomacy, relations with North Korea, Russia and Ukraine, and America’s “Forever War” against Al Qaeda and the Islamic State and its ongoing challenges in Syria. This tour d’horizon illustrates the many techniques that other participants in the transnational legal process have used to blunt Trump’s early initiatives across a broad area of issues. While this counterstrategy has been wearing, the book concludes that the high stakes, and the long-term implications for the future of global governance, make the continuing struggle both worthwhile and necessary.
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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 process carries with it a normative edge. It confers on all of us a continuing obligation to keep pushing the arc of history in the right direction.
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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 in the phrase, “every little bit helps.” In practice this means that: prohibitions should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many enforcement agencies as possible should be involved in the enforcement process. The OECD paradigm embraces two interrelated propositions: that transnational bribery is a serious problem and that it demands a uniform response. An important challenge to the OECD paradigm, labeled the “anti-imperialist critique,” accepts that transnational bribery is a serious problem but denies that the appropriate legal responses must be uniform. This book explores both the OECD paradigm and the anti-imperialist critique, and provides a detailed analysis of their implications for the key elements of transnational bribery law. It concludes by suggesting that the competing views can be reconciled by moving toward a more inclusive and experimentalist regime which accommodates reasonable disagreements about regulatory design and is crafted with due attention to the interests of all affected parties.
Chapitres de livres sur le sujet "Transnational legal process"
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Torelly, Marcelo. « Transnational Legal Process and Fundamental Rights in Latin America : How Does the Inter-American Human Rights System Reshape Domestic Constitutional Rights ? » Dans Law and Policy in Latin America, 21–38. London : Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-137-56694-2_2.
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Lei, Cheng. « China’s legal framework and challenges of the freezing, seizure and confiscation of financial crime proceeds ». Dans Transnational Crime, 187–92. Abingdon, Oxon ; New York, NY : Routledge, 2019. | : Routledge, 2018. http://dx.doi.org/10.4324/9781351026826-12.
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Zimmer, Reingard. « Trade Union Approaches to Global Value Chains : The Indonesian Experience ». Dans Interdisciplinary Studies in Human Rights, 171–85. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_10.
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AbstractThe evident failure of voluntary corporate codes of conduct and their monitoring has further intensified debates over the purchasing practices and legal accountability of transnational corporations. This article analyses the development of International Framework Agreements as an alternative approach advanced by trade unions and describes the characteristics of these instruments, pointing out their strengths and weaknesses concerning implementation and monitoring. It specifically focuses on the Indonesian Protocol on Freedom of Association, a special framework agreement concluded between Indonesian trade unions and international sportswear firms to protect freedom of association and trade union rights in the Indonesian textile, garment and footwear industries. After presenting the protocol’s content, the article discusses findings concerning the implementation and monitoring of the agreement, based on interviews conducted by the author in Indonesia between November 2018 and January 2019. It identifies several key factors that led to the successful promotion of strong trade union rights in the formation phase of the agreement, namely public awareness due to intensive campaigning around a mega sporting event, strong support from different civil society actors and the presence of a neutral facilitator. Overall, the Indonesian Protocol on Freedom of Association is an example of a bottom-up process that strengthens the signatory trade unions and thus serves as a potential model for actors in other countries.
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Amelung, Nina, Rafaela Granja et Helena Machado. « Introduction ». Dans Modes of Bio-Bordering, 1–14. Singapore : Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-8183-0_1.
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Abstract This introductory chapter sets out the key themes and arguments of the book and provides a road map for the remaining chapters. It outlines the book’s ambition to contribute to the sociological and criminological literature on technological infrastructures, borders and specific visions of Europe by portraying what we call the biobordering processes at work in the EU. Relying on what Misa and Schot, reflecting on technological infrastructures, have called the ‘hidden integration’ and ‘hidden fragmentation’ of Europe, the transnational exchange of forensic DNA data organized through the Prüm system serves as an exemplary case through which to explore the different logics of biobordering dynamics at work across the European Union. We complement an EU-level analysis with country case analysis of modes of biobordering that emphasize the legal, scientific, technical, political and ethical dimensions related to the governance and uses of biometric technologies both at a national level and in a transnational collaboration.
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Koh, Harold Hongju. « Transnational Legal Process ». Dans The Nature of International Law, 311–38. Routledge, 2017. http://dx.doi.org/10.4324/9781315202006-11.
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Meyer, Frank. « The Emergence of Criminal Law Norms in International Organizations ». Dans Histories of Transnational Criminal Law, 84–100. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845702.003.0007.
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Frank Meyer’s historical focus is on the post-World War II period and the activities of the UN, Council of Europe, OECD and the EU in transnational crime control. Advocating an expansion of the scope of transnational criminal law to include a broad range of law-making processes, he provides a detailed multi-dimensional map of these processes, based on a linear model of inputs into the legal process, conversion of these inputs into legal content, and outputs.
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Deomampo, Daisy. « The Making of Citizens and Parents ». Dans Transnational Reproduction. NYU Press, 2016. http://dx.doi.org/10.18574/nyu/9781479804214.003.0005.
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Chapter 4 examines the ways in which notions of citizenship and nationality intersect with ideas of race and kinship in the context of transnational surrogacy. With increasing numbers of people traveling from other countries to India in order to commission surrogate pregnancies, there have been reports of parents unable to obtain citizenship for their children born in India. This chapter explores what happens when incompatible national legal frameworks, policies about surrogacy, and practices of assigning citizenship intersect in the context of transnational surrogacy in India. The chapter focuses on the process of gaining citizenship in two countries that illustrate the range of approaches to transmission of citizenship: the United States and Norway. In particular, the chapter analyzes how ideas about citizenship and motherhood intersect with racial ideologies (related to blood and genes) to take on new meanings through transnational surrogacy processes. The chapter argues that while assisted reproduction may expand conventional understandings of kinship and family, it also renaturalizes state definitions of citizenship and motherhood.
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« Transnational Legal Process : Theory and the Effectiveness of International Human Rights Treaties ». Dans Irrational Human Rights ? An Examination of International Human Rights Treaties, 190–211. Brill | Nijhoff, 2020. http://dx.doi.org/10.1163/9789004439764_012.
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Benhabib, Seyla. « Democratic Sovereignty and Transnational Law ». Dans Critical Theory in Critical Times, 21–46. Columbia University Press, 2017. http://dx.doi.org/10.7312/columbia/9780231181518.003.0002.
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Critics of legal cosmopolitanism and global constitutionalism have often pointed to an alleged zero-sum conflict between democratic sovereignty and a particular class of international legal norms: those pertaining to human rights. It is undeniable that there exist tensions between the application of, and compliance with, human rights norms in domestic contexts, on the one hand, and international treaties and covenants, on the other. Benhabib develops a conceptual and empirical model for understanding these tensions not as a zero-sum game, but rather as a process of dialectical norm-enhancement and interpretation. Her thesis is that compliance with international human rights norms does not come at the cost of, but rather reinforces, democratic sovereignty.
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Boutros, Andrew. « The Key Tools of the Trade in Transnational Bribery Investigations and Prosecutions : Mutual Legal Assistance Treaties (MLATs) and Letters Rogatory ». Dans From Baksheesh to Bribery, 547–70. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190232399.003.0020.
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The investigation of corruption, bribery, and similar transnational criminal conduct, like the discovery process for transnational civil proceedings, often involves gathering evidence located in foreign countries. However, national sovereignty, international treaties, and international law preclude U.S. law enforcement officials from simply flying to a foreign country to conduct searches, question suspects, obtain documents, and proceed with arresting individuals for trial in the United States. In the absence of a foreign country’s agreement to cooperate in a criminal investigation, U.S. prosecutors or civil litigation counsel have limited options. There are two primary means of obtaining evidence for use in transnational criminal proceedings: a Mutual Legal Assistance Treaty (MLAT) and a letter rogatory.
Actes de conférences sur le sujet "Transnational legal process"
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González, Manuel Joaquín Fernández, Svetlana Surikova et Tamara Pigozne. « Adaptation of a Teacher Training Programme for Character Education to the Latvian Context ». Dans 78th International Scientific Conference of University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/htqe.2020.01.
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This paper presents an analysis of the quality of the adaptation of the transnational teacher training programme for character education “Arete catalyst” to the socio-cultural context of Latvia. Based on the theory of cultural adaptation of educational programmes, and on a qualitative analysis of documentary sources, the quality of the adaptation was discussed by comparing the features of the adapted programme with Latvian societal needs and policy makers’ guidelines for character education (research question 1), and with the legal and institutional requirement for teacher training (research question 2). The findings revealed that the adapted Latvian programme responds widely to the needs of Latvian society and of the educational sector regarding character and virtue education, and addresses values and virtue education, as foreseen in the governmental guidelines for upbringing at school. It also complies with the Law of Education and the regulations of the Cabinet of Ministers regarding the professional development of teachers, and with the rules for approval and implementation of teacher training programmes at the University of Latvia. The adaptation process described can be useful for academics adapting existing programs to new socio-cultural contexts. This work should be continued by piloting and refining the adapted programme.