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Theorising the Global Legal Order

Theorising the Global Legal Order

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781841132495
  • Published In: October 2009
  • Format: Paperback , 288 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Reviews

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This book aims to capture an exploratory approach to theorising the global legal order. Avoiding any brand loyalty to a particular academic perspective, it brings together scholars who contribute a variety of insights covering quite different topics and viewpoints. It sets itself the target of producing a distinctively legal theory of global phenomena, which is capable of illuminating the path of law as an academic discipline, as it confronts a bewildering array of novel situations and innovative ways of thinking about law. The broad base of perspectives found among the contributors, combined with a helpful commentary from the editors, makes the book an ideal Reader to introduce a subject that is becoming of increasing importance for academics, students and practitioners, in law and related fields.

Contents: Introduction, Andrew Halpin & Volker Roeben; Cosmopolitan Legal Orders, H Patrick Glenn; Implications of 'Globalisation' for Law as a Discipline, William Twining; Theorising the Global Legal Order - An Institutionalist Perspective, Stefan Oeter; Incorporating Foreign Legal Ideas through Translation, Ko Hasegawa; Globalisation and Judicial Reasoning: Building Blocks for a Method of Interpretation, Catherine Dupré; Statecraft, Trade and Strategy: Toward a New Global Order, Ari Afilalo & Dennis Patterson; European Union as a Single Working-Living Space: EU Law and New Forms of Intra-Community Migration, Oxana Golynker; The Domestic Enforcement of Supranational Rules: The Role of Evidence in EC Competition Law, Déirdre Dwyer; The UN Declaration on the Rights of Indigenous Peoples: Towards a Global Legal Order on Indigenous Rights?, Stephen Allen; Developing a Framework for Understanding the Localisation of Global Scripts in East Asia, John Gillespie; Governance Through Corruption: Cosmopolitan Complicity, Nicholas Dorn; Decentralised Constitutionalisation in National and International Courts: Reflections on Comparative Law as an Approach to Public Law, Christian Walter; Concluding Reflections, Andrew Halpin & Volker Roeben

Andrew Halpin is Head of School and Professor of Legal Theory at Swansea University School of Law.
Volker Roeben is Professor of Public International Law at Swansea University School of Law.

... a rich and wide-ranging illustration of why the transnational legal world stands in need of its own body of theory that is distinct from more traditional approaches...[and] a welcome and constructive contribution to the development of the field of transnational legal theory.
Sidney Richards
Cambridge Law Journal
2011

...the chapters, taken together...provide some throughtful and stimulating insights into how the global order might best be understood, and into the difficulties of joining those insights into a coherent understanding of its character.

...this book provides the reader with an introduction to theories of global law, injects case studies that cast light on the processes through which it may develop, and engages periodically in helpful critiques of the notion of a global legal order and its mechanisms.
Spencer Zifcak
Law and Politics Book Review
April 2011

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