Globalisation And The Rule Of Law

Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualization in a global environment. Then, in three sections considering global trade, security and human rights, it proposes new ways of thinking about global law and its application in new and existing institutions of global governance. Contributors include top-flight academics, politicians and judges, making this book significant and relevant in both jurisprudential theory and political practice.

There is a growing clamour - particularly from the main beneficiaries of globalization - that rules need to be established to govern the international economy, with a specific focus on questions such as copyright violations, trade sanctions and protections for foreign investment. Those who perceive they are disadvantaged by globalization demand other legal protections in relation to employment, cultural traditions and the environment.

First published in 2011. Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the 'rule of law', not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics and the state, focusing on lawyers and the social capital they possess and deploy, in order to understands the efficacy of the rule of law in different polities. This book will be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.

Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.

By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio _ legal scholars and political economist&

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.

Globalisation turns out to be untenable because it does not guarantee minimum social equity, peace and respect for the environment, and therefore does not guarantee the effective accomplishment of human rights. This book analyzes this issue and raises proposals for a new perspective. The first part describes the soft threats to human rights, derived from the devaluation of the politics and the productive economy with regard to the finance. It entails the concealment of the reality in the shape of exploitation as the tax havens and in the shape of marginalization of the persons with different abilities. The second part include a study of hard threats to human rights and examines two cases of failed states: Afghanistan and Somalia, in which the violence has supplanted the politics and the economy. In view of these situations it is necessary to rethink the force of classic ius gentium and the humanitarian right. The third part presents the European Union as a legal and political space in which conditions of a worthy life are better defended by means of the Primacy of Practical Reason and Social State of Law, and by the requirement of peace as the main rule of international relations.