The Globalization of International Law de PaulSchiff Berman

The Globalization of International Law: The International Library of Essays on Globalization and Law

PaulSchiff Berman

'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

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Cuprins

Contents: Series preface; Introduction. The Multiplicity of Normative Communities: The folktales of justice: tales of jurisdiction, Robert M. Cover; Legal pluralism, Sally Engle Merry. Problems of Geographical Borders: Governing cyberspace, David G. Post; The internet and the abiding significance of territorial sovereignty, Jack L. Goldsmith; Against 'Against Cybernarchy', David G. Post; The structural rules of transnational law, William S. Dodge; Multiple nationality and the postnational transformation of citizenship, Linda Bosniak; The information revolution and the paradox of American power, Joseph S. Nye. The Relationship Between the National and the International: Turtles and torturers, the transformation of international law, Philippe Sands; The new dispute settlers: (half)truths and consequences, José E. Alvarez; Redefining universal jurisdiction, Leila Nadya Sadat; The limits of idealism, Jack Goldsmith and Stephen D. Krasner; From unimaginable to possible: Spain, Pinochet, and the judicialization of power, David Sugarman; How is international human rights law enforced?, Harold Hongju Koh; Constructing a global law: violence against women and the human rights system, Sally Engle Merry; Towards an institutional theory of sovereignty, Ryan Goodman and Derek Jinks; The promise of hybrid courts, Laura A. Dickinson; The development and incorporation of international norms in the formation of copyright law, Graeme B. Dinwoodie. The Role of Transnational Governmental and Non-Governmental Actors: The accountability of government networks, Anne-Marie Slaughter; The power of EU collective action: the impact of EU data privacy regulation on US business practice, Gregory Shaffer; The Ottawa Convention banning landmines, the role of international non-governmental organizations and the idea of international civil society, Kenneth Anderson; Accounting for NGOs, Peter J. Spiro; A bottom-up approach to international lawmaking: the tale of 3 trade finance instruments, Janet Koven Levit; Name index.

Descriere

This volume provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. It provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.