Pour voir les autres types de publications sur ce sujet consultez le lien suivant : Transnational legal process.
Articles de revues sur le sujet « Transnational legal process »
Créez une référence correcte selon les styles APA, MLA, Chicago, Harvard et plusieurs autres
Consultez les 50 meilleurs articles de revues pour votre recherche sur le sujet « Transnational legal process ».
À côté de chaque source dans la liste de références il y a un bouton « Ajouter à la bibliographie ». Cliquez sur ce bouton, et nous générerons automatiquement la référence bibliographique pour la source choisie selon votre style de citation préféré : APA, MLA, Harvard, Vancouver, Chicago, etc.
Vous pouvez aussi télécharger le texte intégral de la publication scolaire au format pdf et consulter son résumé en ligne lorsque ces informations sont inclues dans les métadonnées.
Parcourez les articles de revues sur diverses disciplines et organisez correctement votre bibliographie.
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.
8
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.
11
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 (août 2019) : 259–83. http://dx.doi.org/10.1017/cjlj.2019.15.
Texte intégralRésumé :
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 of law system. Using as a paradigmatic example the BTC pipeline case– a set of contracts and international treaties signed by a consortium of private companies and several sovereign states during the first decade of the 21st century to regulate the building and operation of a transnational oil pipeline – I analyze one by one these three assumptions to conclude that they are at the very least highly problematic in the context of global legal practice. Additionally, I consider the counter-argument that a lawyer who moves beyond the standard conception is actually usurping the role of the judge, an argument that loses much of its appeal on the transnational context. In a brief concluding remark I inscribe these problems within the more general post-Westphalian paradigm shift in law and jurisprudence.
12
Brake, Benjamin, et Peter J. Katzenstein. « Lost in Translation ? Nonstate Actors and the Transnational Movement of Procedural Law ». International Organization 67, no 4 (octobre 2013) : 725–57. http://dx.doi.org/10.1017/s002081831300026x.
Texte intégralRésumé :
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 states. We find that the movement of law is a dynamic process involving diffusion, translation, and the repeated transnational exchanges of legal actors. Through our examination of this process, we offer insights into how aspects of American law moved into unlikely jurisdictions to reshape legal theory, pedagogy, procedure, and the organizing structure of the legal profession.
13
LISITSA, Valeriy Nikolayevich. « Responsibility of a Host State in Transnational Investment Disputes ». Journal of Advanced Research in Law and Economics 9, no 1 (22 septembre 2018) : 139. http://dx.doi.org/10.14505//jarle.v9.1(31).18.
Texte intégralRésumé :
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 payment of compensation, do not change the nature of the existing legal relationship between the parties of the investment dispute. The responsibility of the host state to the foreign investor expressed in the state’s obligation to pay damages (compensation) remains in the private, rather than international public law sphere. In conditions of lack of proper rules of investment law states should not stand aside from the present process of making such rules by non-state actors. This situation detracts from the treaty as a major source of international law, sometimes does not correspond to the interests of host states and moreover may threaten their sovereignty.
14
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.
Texte intégralRésumé :
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. Between the law is an optic that makes visible uneven legal terrains that embody temporal and spatial disjuncture, rupture, and asymmetry. The role of law in post‐imperial transitions remains underexplored in literatures on transnational law, legal imperialism, postcolonialism, and transitional justice. I demonstrate how, at the intersection of law and economy, post‐imperial reckoning is emerging as a new legal frontier, putting at stake law's imperial amnesia.
15
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.
Texte intégralRésumé :
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 actors as translators of international law. I argue that an anthropological approach can illuminate how corporations shape international law in practice by uncovering technologies of governance, relations of power, and chains of translation in the transnational lawmaking process.
16
James, Mark, et Guy Osborn. « The Olympics, transnational law and legal transplants : the International Olympic Committee, ambush marketing and ticket touting ». Legal Studies 36, no 1 (mars 2016) : 93–110. http://dx.doi.org/10.1111/lest.12095.
Texte intégralRésumé :
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 specific, self-interested legislation when operating as a transnational organisation from within the global administrative space and notes the potential dangers of such legal transplants.
17
Kerber, Wolfgang. « Institutional Change in Globalization : Transnational Commercial Law from an Evolutionary Economics Perspective ». German Law Journal 9, no 4 (1 avril 2008) : 411–36. http://dx.doi.org/10.1017/s2071832200006519.
Texte intégralRésumé :
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 other policy objectives. A comparable consistent legal system is missing on the international level for ensuring the working of global markets and the governance of cross-border transactions. However, the dynamic process of globalization has brought about the development of a number of new institutional solutions for solving these problems. The most prominent issue is the regulation of international markets (“global governance”). This article, however, will focus on the evolution of institutions for the enforcement of contracts for cross-border transactions between firms. Although there have always been institutional solutions for the governance of cross-border contracts (lex mercatoria), in recent years, a number of new governance solutions for the enforcement of cross-border transactions have emerged (“transnational commercial law”). The increasing use of choice of law, private governance instead of private law (provided by states), and private arbitration instead of public courts are the most important characteristics of this development. This also includes hybrids as new combinations between private and public solutions for the governance of cross-border contracts. Therefore, the process of globalization is accompanied and enabled by a complex process of institutional evolution.
18
Son, Sofiia. « Legal regulation of the universal European election process ». ScienceRise : Juridical Science, no 2(16) (30 juin 2021) : 22–26. http://dx.doi.org/10.15587/2523-4153.2021.234520.
Texte intégralRésumé :
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 election procedure has been only partially coordinated due to the lack of the universal election procedure for all EU members. At present some fundamental principles, regulating this procedure, are stipulated by the 1976 Election Law, however a lot of aspects are regulated by the national legal systems. The lack of universal election law for all EU members potentially deprives European elections of a real European dimension. The recent years have witnessed several attempts to reform the EU election system. However not all of them have led to the adoption of relative Directives. In particular, there are disputes regarding the transnational constituency. The supporters believe it to be the step in the right direction, while the opponents express fears that it will increase the distance between the public and its elected representatives. The author points out that the outcomes of the spring 2019 European Parliamentary elections have common features with the outcomes of Parliamentary and local elections in Ukraine. Problems, related to the European Parliament elections in 2019 and existing in Ukraine, have been identified, such as restrictions for the exercise of voting rights by persons with disabilities due to various reasons, the use of digital technologies and related cybersecurity issues in the election process, protection of personal data and so on
19
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 (27 juillet 2017) : 110. http://dx.doi.org/10.7251/gfp1707110k.
Texte intégralRésumé :
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 (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.
20
Valiev, R. G. « Legal Institutionalization and Legal Institutions : Conceptual Model ». Lex Russica, no 4 (14 avril 2020) : 103–16. http://dx.doi.org/10.17803/1729-5920.2020.161.4.103-116.
Texte intégralRésumé :
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 theory and methodology of institutionalism, the method of systematization and legal modeling, as well as system-structural, functional and formal legal approaches are used. Within the framework of the theory of institutionalism, an essential and meaningful characteristic of legal institutionalization as a methodological basis for understanding the systemic legal nature of legal institutions is given. Methods of systematization and legal modeling allowed us to present the institutions of law as the result of systematization of legal norms. In order to present the theoretical foundations of legal institutionalization, its relationship with related legal categories is considered. In the aspect of the systemic nature of legal institutions, their correlation dependence on legal institutionalization is shown, the content of which is a two-pronged process of updating and systematization of legal norms in the order of their differentiation and integration at the level of normative system relations. The conceptualization of legal institutionalization in the aspect of systematization of legal norms allowed us to formulate a conclusion about the multidimensional status of legal institutions, which is not limited to the sectoral level and has a general legal national and transnational character, manifesting itself at the intersectoral and general legal levels of normative relations of national, European and international law.
21
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.
Texte intégral
22
de Groot, Gerard-René, et 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.
Texte intégralRésumé :
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 legal dictionaries could play an important role in the translating process by providing translation suggestions and information on the linguistic context of terms in the target language, such as specific noun-verb combinations, or typical collocations.
23
Pin, Andrea. « The transnational drivers of populist backlash in Europe : The role of courts ». German Law Journal 20, no 2 (avril 2019) : 225–44. http://dx.doi.org/10.1017/glj.2019.14.
Texte intégralRésumé :
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 ponders the consequences of the constitutionalization process of European law for the role of democratically accountable institutions.
24
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 (30 août 2019) : 148. http://dx.doi.org/10.18686/ahe.v3i3.1488.
Texte intégralRésumé :
<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 objectively analyze the legal risks of cross-border investment of Chinese private enterprises in the “One Belt and One Road” environment, so as to establish a “One Belt and One Road” overseas transnational investment risk prevention system and conflict resolution mechanism with legal prevention as the main content.</p>
25
Davidov, Veronica. « Aguinda v. Texaco Inc. » Journal of Legal Anthropology 1, no 2 (1 septembre 2010) : 147–64. http://dx.doi.org/10.3167/jla.2010.010201.
Texte intégralRésumé :
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 such engagements with this legal process, indigenous actors are recrafting their collective representations in ways that challenge the ‘ecoprimitive’ stereotypes of indigeneity, historically associated with the ‘paradox of primitivism.’
26
Anitha, Sundari, Anupama Roy et 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 (17 août 2017) : 747–74. http://dx.doi.org/10.1177/1077801217720693.
Texte intégralRésumé :
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 category of citizens—“disposable women”—who can be abused and abandoned with impunity.
27
Keohane, Robert O., Andrew Moravcsik et Anne-Marie Slaughter. « Legalized Dispute Resolution : Interstate and Transnational ». International Organization 54, no 3 (2000) : 457–88. http://dx.doi.org/10.1162/002081800551299.
Texte intégralRésumé :
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 of compliance with judgments, and the long-term evolution of norms within legalized international regimes. By reducing the transaction costs of setting the process in motion and establishing new constituencies, transnational dispute resolution is more likely than interstate dispute resolution to generate a large number of cases. The types of cases brought under transnational dispute resolution lead more readily to challenges of state actions by international courts. Transnational dispute resolution tends to be associated with greater compliance with international legal judgments, particularly when autonomous domestic institutions such as the judiciary mediate between individuals and the international institutions. Overall, transnational dispute resolution enhances the prospects for long-term deepening and widening of international legalization.
28
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 (1 juin 2019) : 205–28. http://dx.doi.org/10.1093/jiel/jgz013.
Texte intégralRésumé :
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 research focusses on the European Parliament’s attempts to become an active player in the transnational financial regulatory arena and on the role it might play to enhance the democratic legitimacy of the Basel process.
29
Chevalier, Emilie, et Olivier Dubos. « The Notion of “Transnationality” in Administrative Law : Taxonomy and Judicial Review ». German Law Journal 22, no 3 (mai 2021) : 325–43. http://dx.doi.org/10.1017/glj.2021.15.
Texte intégralRésumé :
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 judicial review in the context of transnational administrative acts is a complex one, because the presence of one exogeneous element may disrupt the straightforward path toward the right of access to courts—as both the determination of the competent court and the scope of the review carried out by the court seized become uncertain. This Article first draws up a typology of transnational administrative acts. Second, on the basis of this typology, this Article analyzes the solutions developed by the case law of the Court of Justice and assesses them in the light of the principles of territoriality of administrative law and the right to effective judicial protection.
30
Efrat, Asif, et 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.
Texte intégralRésumé :
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. We test this theory in an original data set concerning accession practices in the Hague Convention on International Child Abduction. Our findings offer considerable support for the idea that states evaluate partners on the likelihood that they can offer a fair legal process. Exploring empirically the efforts against parental child abduction, we offer a nuanced account of the link between domestic institutions and norms and international cooperation. This account suggests that greater attention should be paid to the use of deference as a mechanism to manage the conflicts posed by globalization.
31
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 (juin 2019) : 233–79. http://dx.doi.org/10.1093/ajcl/avz018.
Texte intégralRésumé :
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 perceptions that Washington and Beijing are engaged in a zero-sum game, anticorruption is a policy concern against which both states may rally. Inter-regulatory coordination is far from a frictionless process, however. Cross-border lawyers working on both sides of the Pacific engaged in anticorruption law are a type of transnational community and highlight these tensions. Lawyers apply standards in the 1977 U.S. Foreign Corrupt Practices Act, the People’s Republic of China antibribery laws, and internal Chinese Communist Party rules to ensure their clients comply with multiple regimes. Ethnographic data shows that lawyers assess different regulatory environments, in this case, one of extraterritorial jurisdiction and the other characterized by a political campaign, in the course of advising multinational companies. The Article argues that lawyers’ roles are a lynchpin of these overlapping systems of compliance as their work operates to discipline corporations in China; nonetheless, lawyers’ position in the global legal market impacts what they deem to be “corrupt” and which rules apply. A focus on cross-border lawyers as transnational communities thus marries legal analysis with a contextual grounding in lawyers’ work, an approach that has merit for the study of comparative law more generally. The Article finds that given market pressures, in the area of anticorruption, trends show a preference for “bicultural lawyers,” those who are both embedded within transnational communities and respond to demands in the global market.
32
Iryna, HLADIY. « TRANSFER PRICING OF TRANSNATIONAL CORPORATIONS ». Foreign trade : economics, finance, law 116, no 3 (15 juin 2021) : 85–97. http://dx.doi.org/10.31617/zt.knute.2021(116)08.
Texte intégralRésumé :
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 possible transfer pricing systems for TNCs in order to eliminate risks when calculating the exact cost of products and avoid possible situations of non-payment of due taxes. Materials and methods. A set of general scientific methods of cognition is applied: inductive, deductive, system analysis, theoretical generalization, formal-logical, analysis and synthesis. Results. The transfer pricing system is becoming the key direction in the process of planning and profit maximization. The methods of setting the transfer price are legally enshrined in the current Tax Code of Ukraine. However, the use of these methods is a top priority for checking compliance with the «arm’s length»principle. It is determined that in order to comply with this principle, it is necessary to compare controlled and uncontrolled transactions, based on the criterion of tax benefits, as well as to analyse all the advantages and disadvantages that they create. Conclusion. The issue of proper transfer pricing plays a leading role in the export or import of goods. Particular attention should be paid to the sources of information indicated by taxpayers and used in order to ensure compliance with the requirements for justification in the documentation on transfer pricing compliance with the conditions of controlled transactions with the arm’s length principle. Prospects for further research are to provide practical recommendations for compliance of the legal and regulatory framework for transfer pricing with the requirements of the world economy in the direction of preventing the implementation of tax avoidance schemes.
33
Matsuzato, Kimitaka. « Transnational minorities challenging the interstate system : Mingrelians, Armenians, and Muslims in and around Abkhazia ». Nationalities Papers 39, no 5 (septembre 2011) : 811–31. http://dx.doi.org/10.1080/00905992.2011.599376.
Texte intégralRésumé :
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 autonomous from each other. For example, when scores of powerful countries, such as the United States and European Union member states, desperately tried to ignore Russia's recognition of Abkhazia and South Ossetia, regarding it as a lawless act, Turkey's Diyanet admitted that Russia's recognition of Abkhazia created a new legal situation and began to fulfill its long-dreamed-of desire to help the Abkhazian Muslims. According to political conjuncture in Abkhazia, the same Gali population changes from Georgians to Mingrelians and back. This demonstrates how ethnic categories are used in a constructivist way in the Black Sea rim.
34
Kravtsova, M. O., et T. K. Datsiuk. « THE ROLE OF INTERNATIONAL RELIGIOUS ORGANIZATIONS IN THE PROCESS OF RELIGIOUS LEGAL RELATIONS ». Actual problems of native jurisprudence 2, no 2 (12 juin 2021) : 3–7. http://dx.doi.org/10.15421/392129.
Texte intégralRésumé :
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 religious actors and their role in the regulation of religious relations are considered. Also, when studying the spheres of activity of one or another, the following characteristics are identified: religious actors in defending their interests are sometimes not able to directly influence the adoption of specific political decisions; they achieve a systemic effect, which consists in “the dissemination of certain knowledge and values, raising awareness of the problem and changing the mass attitude to it, the development of public institutions”. As intercultural, intercivilizational and interreligious interactions intensify, such actors of world politics as representatives of traditional world religions begin to play a special role. Transnational religious actors are often the most authoritative participants in world processes. Religious actors are able to influence the values, behavior and collective choices of large groups of people.
35
Günther, Ursula, Martin Herzog et Stephanie Müssig. « ResearchingMahrin Germany : A Multidisciplinary Approach ». Review of Middle East Studies 49, no 1 (février 2015) : 23–37. http://dx.doi.org/10.1017/rms.2015.64.
Texte intégralRésumé :
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 in theory and practice. Second, the legal conceptualization of mahr in the German legal context will be discussed. The example of Morocco serves to illustrate the changes with regard to mahr because of the process of incorporation of Islamic legal concepts into a national statutory law system. Given the Muslim diaspora, these insights are important contributions to the legal intepretation of mahr in a transnational context.
36
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.
Texte intégralRésumé :
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.
37
Szkarłat, Monika. « Legal and political hybridity of the European Union – genetically modified organisms’ case ». Przegląd Europejski, no 3.20 (1 septembre 2020) : 125–44. http://dx.doi.org/10.31338/1641-2478pe.3.20.8.
Texte intégralRésumé :
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. Thus, the policy towards GMO is an exemplification of legal and political hybridity of the EU. The analysis of the EU’s legal and political hybridity will be narrowed down to the GM plants case and methodologically organised around the concept of decision-making analysis that is composed of five categories: decision-making situation, actors, decision-making process, decision, implementation of the decision
38
Zafran, Ruth, et Daphna Hacker. « Who Will Safeguard Transnational Surrogates’ Interests ? Lessons from the Israeli Case Study ». Law & ; Social Inquiry 44, no 04 (27 mai 2019) : 1141–73. http://dx.doi.org/10.1017/lsi.2019.6.
Texte intégralRésumé :
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 transnational surrogates are largely neglected. The study finds that, even when awareness of the vulnerability of transnational surrogates is relatively evolved among officials, they admit that the motivation and ability of the country of the intended parents to supervise the protection of the surrogates—during a process that takes place in another country—are extremely limited. Equipped with the empirical findings, the article examines the actual and potential regulative arenas relevant to transnational surrogacy (also known as international surrogacy), and offers an alternative normative framework to correct the current regulative failure in providing much-needed legal protection for transnational surrogates.
39
João, Maria João, Barbara Magalhaes Bravo et Jose Caramelo Gomes. « The teaching of law post Bologna ». Global Journal of Sociology : Current Issues 8, no 1 (9 mai 2018) : 30–36. http://dx.doi.org/10.18844/gjs.v8i1.3412.
Texte intégralRésumé :
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 solutions and cases and trying to deliver a ‘best practice’ draft. After a comprehensive study on the implementation of the Bologna process and its results, we will be able to make a critical judgment on the teaching of law. Matter ‘de iure condendo’ proposes education policies that enable a holistic view of the law.
40
Baird, Josephine. « Trans/National Queer Parenting ». lambda nordica 24, no 2-3 (18 février 2020) : 191–206. http://dx.doi.org/10.34041/ln.v24.585.
Texte intégralRésumé :
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 multi-queer parent family dynamics, trans-parenting and transnational legal navigation in conception, adoption policies as they relate to heteronormative biases in child lineage and registration and the impacts of legal divorce and non-monogamy in social and legal definitions in a Swedish and international context.
41
Vaz Ferreira, Luciano, et 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 (8 février 2013) : 257–78. http://dx.doi.org/10.22456/2238-6912.35615.
Texte intégralRésumé :
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 introduction to the subject, especially for policymakers from countries with emerging economies that are not yet familiar with the study on the subject. It was decided to conduct a bibliographic review, using interdisciplinary sources. Some preliminary conclusions were reached. States must intervene in this process by creating disincentives for the realization of corrupt practices by the business sector, especially in relation to transnational corporations. International treaties do not have the power to automatically implement anti-corruption mechanisms, requiring legislative reforms on the part of the States Parties. In this context, the evaluation systems play an important role in compelling nations to take action. As a result, there is a “regulatory race to the top” of anti-corruption norms, extremely beneficial for the international community. With the omnipresence of the corruption control in the world, a good alternative for emerging economies, like Brazil, is implementing anti-corruption measures provided by in international law, otherwise they may suffer losses in their business activities.
42
Hundley, James M. « Repatriating the Past : Removing the Border through Transnational History ». Human Organization 78, no 4 (décembre 2019) : 298–310. http://dx.doi.org/10.17730/0018-7259.78.4.298.
Texte intégralRésumé :
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 system. This reframing-as-transnational approach has numerous implications for the Coast Salish as they overcome their divided status under two separate legal and political regimes. Additionally, changing our frame of reference away from the nation-state advances Coast Salish studies and anthropology itself, as we too have been divided by political borders in our research with First Nations.
43
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.
Texte intégralRésumé :
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 legal procedures and substantial bodies of legal rules that are recognizably the distant ancestors of their modern European and American counterparts. It was also this process of transformation that changed for ever the relationship between law and the society that this law regulated and in which it was embedded in Western European societies. Her article makes no claim to be a definitive study of this process. It is more a pointer to the work that still needs to be done to enable full transnational comparisons to be made between the different ways the process happened within different legal systems and between the different systems that were created through these changes. She does, nonetheless, state some tentative conclusions and point to what she sees as some of the prime factors in bringing about the transformation.
44
Powers, Ann. « The Rio+20 Process : Forward Movement for the Environment ? » Transnational Environmental Law 1, no 2 (octobre 2012) : 403–12. http://dx.doi.org/10.1017/s2047102512000179.
Texte intégralRésumé :
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 whether the Rio+20 was a success or a failure, or something in between, the author concludes that the Conference, while disappointing to many, may have furthered the cause of sustainable development by producing a document which reflects a baseline of international norms and by fostering the increasingly important role of civil society action, commitments and partnerships, and of transnational governance.
45
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 (août 2019) : 446–65. http://dx.doi.org/10.3366/ajicl.2019.0283.
Texte intégralRésumé :
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 article explores some structural measures that can better enhance compliance with regional integration and standards in Africa.
46
Sukhova, Nadezhda, et Iuliana Babikova. « Challenges of and Responses to Various Legal Mechanisms for the Harmonization of Civil Procedure in Eurasia ». Russian Law Journal 8, no 3 (2 septembre 2020) : 141–61. http://dx.doi.org/10.17589/2309-8678-2020-8-3-141-161.
Texte intégralRésumé :
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 harmonization. In the framework of current research, we have tried to answer the questions arising in relation to new tendencies in civil procedure through the prism of comparative research. The majority of adaptation mechanisms are formulated by unique legal experience in a distinct system. The influence of moral and cultural traditions, and the economic and political individuality of each society shape the outcome that allows new instruments to work in legal and procedural systems. This paper’s focus is methods of legal harmonization and adaptation of procedural law on the level of transnational communities. To provide a picture as complete as possible, we give a description of modern tendencies of social integration, the current strategy of legal transplant and a comparison of methods of harmonization in the territory of post-Soviet Union countries and in Europe.
47
VIELLECHNER, LARS. « The transnational dimension of constitutional rights : Framing and taming ‘private’ governance beyond the state ». Global Constitutionalism 8, no 3 (22 août 2019) : 639–61. http://dx.doi.org/10.1017/s2045381719000194.
Texte intégralRésumé :
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 this understanding, constitutional rights at the same time enable and restrict transnational regulation. In this way, they guarantee a comprehensive protection of freedom under conditions of globalisation. As long as transnational governance arrangements are not able to generate constitutional rights of their own, however, the national legal orders must complement them. Hence, the legitimacy of law in world society may only be ensured through a dialectical process of internal and external constitutionalisation, resulting from the interaction of its various constituents.
48
Fichera, Massimo. « Same-Sex Marriage and the Role of Transnational Law : Changes in the European Landscape ». German Law Journal 17, no 3 (1 juin 2016) : 383–420. http://dx.doi.org/10.1017/s2071832200019817.
Texte intégralRésumé :
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 be bound to recognize social facts, and transnational law may enhance this phenomenon. The second aim of the Article is to claim is that, when analyzing change, legal deterministic theories should be dismissed, as they are based upon easy assumptions that do not correspond to empirical observations. Instead, as shown by constructivist approaches, the combined effect of structure and agency in some specific circumstances contributes to social and legal change. However, constructivists perhaps underestimate the relevance of unpredictable events and the (positive or negative) influence that transnational frameworks may have in forming discourses of power. In particular, the EU and the ECtHR systems may facilitate the diffusion of ideas and norms deriving directly from the liberal paradigm that inspire them. However, the liberal paradigm is contradictory, as it does not necessarily provide an incentive for change.
49
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 (15 octobre 2015) : 576–79. http://dx.doi.org/10.52282/icr.v6i4.305.
Texte intégralRésumé :
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.
50
Septin Puspoayu, Elisabeth, et 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.
Texte intégralRésumé :
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 this crime has occurred in many countries and resulted in enormous losses to the coastal state. Therefore, IUU fishing needs to be recognized as a transnational organized crime. The classification of IUU fishing as an organized transnational crime will facilitate the process of eradicating the practice of IUU fishing because every country should cooperate in the settlement and prevention of IUU fishing crime. Thus, IUU fishing is not only the responsibility of the coastal state alone, but also the global responsibility.