Transnational Law: Theories and Applications

2021 ◽  
pp. 2-30
Author(s):  
Peer Zumbansen
Keyword(s):  
Legal Pluralism ◽  
The State ◽  
First Century ◽  
Nation State ◽  
Cultural Economic ◽  
Wide Audience ◽  
Transnational Law ◽  
Wide Range ◽  
The Future ◽  
Globalized World

This chapter introduces the Oxford Handbook of Transnational Law. Transnational law is at the center of lively discussions ranging from pronouncing the death of law to announcing the renewal of law. With stakes that high, the expectations for this field are potentially overwhelming. It is still unsettled what transnational law is. It was introduced to a wide audience of international lawyers in the 1950s, but is it a “new” legal field, or a particular kind of jurisprudence of “law and globalization,” or a sociolegal approach to law’s transformation in and beyond the state in the twenty-first century, or merely a synonym for legal pluralism, that is, an acknowledgment of the co-existence of law and (social, cultural, economic, religious, and other) norms? Finally, what is transnational law’s relation to the nation-state? While some suggest it marks the “end” of the nation-state, the better arguments suggest it remains closely intertwined with the state’s trials and tribulations. The chapter reviews contributions to these discussions but cannot account for the entire wealth and depth which is transnational law today. Instead, the chapter highlights some of the debates around the facets of transnational law and sketches a number of methodological reflections about the field. The contributing authors to this Handbook offer formidable insights into the complex details of law’s transnationalization in a wide range of key areas of the law and contextualize these developments against the background of the important normative discussions around the future of law in a globalized world.

Law and Development

2021 ◽  
pp. 376-390
Author(s):  
Amanda Perry-Kessaris
Keyword(s):  
Legal Pluralism ◽  
The State ◽  
First Century ◽  
Nation State ◽  
Cultural Economic ◽  
Wide Audience ◽  
Law And Development ◽  
Transnational Law ◽  
Wide Range ◽  
Globalized World

This chapter introduces the Oxford Handbook of Transnational Law. Transnational law is at the center of lively discussions ranging from pronouncing the death of law to announcing the renewal of law. With stakes that high, the expectations for this field are potentially overwhelming. It is still unsettled what transnational law is. It was introduced to a wide audience of international lawyers in the 1950s, but is it a “new” legal field, or a particular kind of jurisprudence of “law and globalization,” or a sociolegal approach to law’s transformation in and beyond the state in the twenty-first century, or merely a synonym for legal pluralism, that is, an acknowledgment of the co-existence of law and (social, cultural, economic, religious, and other) norms? Finally, what is transnational law’s relation to the nation-state? While some suggest it marks the “end” of the nation-state, the better arguments suggest it remains closely intertwined with the state’s trials and tribulations. The chapter reviews contributions to these discussions but cannot account for the entire wealth and depth which is transnational law today. Instead, the chapter highlights some of the debates around the facets of transnational law and sketches a number of methodological reflections about the field. The contributing authors to this Handbook offer formidable insights into the complex details of law’s transnationalization in a wide range of key areas of the law and contextualize these developments against the background of the important normative discussions around the future of law in a globalized world.

Transnational Corporate Governance: The State of the Art and Twenty-First-Century Challenges

2021 ◽  
pp. 614-646
Author(s):  
Dionysia Katelouzou ◽  
Peer Zumbansen
Keyword(s):  
Corporate Governance ◽  
Institutional Investors ◽  
Shareholder Wealth ◽  
Performance Measure ◽  
The State ◽  
First Century ◽  
Access To Health Services ◽  
Wide Range ◽  
Shareholder Wealth Maximization ◽  
Twenty First Century

This chapter explores corporate governance as a transnational regulatory field. Mirroring the rise in importance of the idea of shareholder wealth maximization as a firm’s definitive performance measure, corporate governance became a hotly contested field of competing visions of firms’ institutional and normative infrastructure in search of creating the most advantageous conditions to attract capital in volatile markets. This shift occurred at the same time that regulatory transformations in Western postindustrial societies since the early 1980s had begun to significantly shift public service provision and state-organized frameworks for old-age security guarantees and access to health services. Today’s corporate governance laboratory is a transnational force field, fought over by a host of different state and nonstate actors and also by private actors such as institutional investors. Meanwhile, following the financial crises in 2001, 2008 and 2020 and the simultaneously growing pressure on corporations from human rights, gender equality, and environmental groups, the corporate governance debate again is shifting. This time, a diversity of issues are being discussed under the corporate governance rubric, indicating a more comprehensive engagement with the firm’s purpose and functions and its societal obligations and responsibilities. Given the crucial role of firms as the residual claimants of a wide-ranging retreat of the state from its role in guaranteeing and providing a wide range of social functions, corporate governance is a mirror for the transformation of public and private power, and it has to address the twenty-first-century challenges, including global value chains and the proliferation of institutional investors, unfolding on a planetary scale.

scholarly journals ACTUAL DISCOURE ABOUT TIPES FND DEVELOPMENT TENDENCIES NATIONAL STATE

2013 ◽  
pp. 195-203
Author(s):  
E. G. Ponomareva
Keyword(s):  
Political Process ◽  
World Politics ◽  
The State ◽  
First Century ◽  
Modern World ◽  
Nation State ◽  
Social Communities ◽  
Nation States ◽  
International Systems

The processes of globalization have determined significant changes in the prerogatives of nation states. In the twenty-first century the state no longer acts as a sole subject having a monopoly of integrating the interests of large social communities and representing them on the world stage. An ever increasing role in the global political process is played by transnational and supranational participants. However, despite the uncertainty and ambiguity of the ways of the development of the modern world, it can be argued that in the foreseeable future it is the states that will maintain the role of the main actors in world politics and bear the responsibility for global security and development. All this naturally makes urgent the issues related to the search for optimal models of nation state development. The article analyzes approaches to understanding patterns, problems and prospects of the development of this institution existing in modern political science. These include the concept of "dimensionality" based on the parameters of scale (the size of the territory) of the states and their functions in the international systems, as well as the "political order". In the latter case the paper analyzes four models: the nation-state, statenation, consociation, quasi-state. The author's position consists in the substantiation of the close dependence of the success of a model of the state on its inner nature, i.e. statehood. On the basis of the elaborated approach the author understands statehood as "the result of historical, economic, political and foreign policy activity of a particular society in order to create a relatively rigid political framework that provides spatial, institutional and functional unity, that is, the condition of the society’s own state, national political system." Thus statehood acts as a qualitative feature of the state.

New Legal Pluralism and Transnational Private Law

2020 ◽  
pp. 18-47
Author(s):  
Vanessa Mak
Keyword(s):  
Western Europe ◽  
Legal Pluralism ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Main Question ◽  
Private Regulation ◽  
The Creation ◽  
Theoretical Foundations ◽  
The Eu

This chapter makes an analysis of the theoretical foundations of lawmaking in European private law. It shows that they can be traced to transnational and constitutional pluralist theories. The main question is in which respects legal pluralism should replace the monist, state-centred perspective on lawmaking that prevailed in Western Europe since the creation of the Westphalian nation state. It is argued that, even though the state remains the primary locus for lawmaking in private law in the EU, the rise of private regulation and the interaction between courts through judicial dialogues plead in favour of adopting a strong legal pluralist perspective. ‘Strong’ or ‘radical’ legal pluralism, other than monism or ‘ordered’ legal pluralism, holds that norms can co-exist without a formal hierarchy. Both a descriptive and a normative case are put forward in support of adopting this perspective.

scholarly journals Il castello di Morrea. Evoluzione e destino delle strutture fortificate nel centro Italia

X ◽  
2020 ◽  
Author(s):  
Stefano Cecamore
Keyword(s):  
Central Italy ◽  
The State ◽  
First Century ◽  
Architectural Heritage ◽  
Proper Position ◽  
Western Front ◽  
Wide Range ◽  
Building Environment ◽  
Twenty First Century ◽  
Complex Scenario

The castle of Morrea. Evolution and destiny of fortified structures in Central ItalyThe shape that today characterizes the fortified building of the castle of Morrea is only the last of the various stratifications that have modified the original layout thorughout the centuries. The current aspect of the building is most likely linked to the interventions promoted by the Piccolomini family between the twentieth and twenty-first century. The building represents the evolution from castrum to aristocratic residence that involves the various fortified structures placed along the Apennine ridge between the eastern and western front of Central Italy. In this area the various degrees of transformations of the castles, which are periodically updated for reasons due to oxidation and representative natures, are clearly readable. The artifacts analyseable represent a wide range of samples of fortifications of the most ancient form of specialized buildings which were often largely left in the state of ruins, including that of buildings yet still functional, however, far from their consistency and original purpose. The overall panorama of this architectural heritage outlines a complex scenario consisting of problems related to the conservation and maintenance where restoration projects need to find and be in the proper position of restoration and respect of the bond between the building environment, the landscape and the identities of the territory.

scholarly journals Pedagogical conditions for the formation of the future border guard officer professional culture: the use of dialogical teaching methods

2019 ◽  
Vol 66 (3) ◽  
pp. 269-273
Author(s):  
Svіtlana Shumovetska
Keyword(s):  
Interpersonal Relationships ◽  
Round Table ◽  
Professional Culture ◽  
The State ◽  
Video Recordings ◽  
Wide Range ◽  
The Future ◽  
Business Game ◽  
The Subject ◽  
Different Levels

The article highlights the importance of the communicative component of the professional culture of the border guard officer, which is based on the fact that the profession of the border guard envisages a wide range of interpersonal contacts at different levels, primarily collective concerted actions of the border guards to prevent or terminate illegal actions at border guard areas. The significance of dialogical methods, first of all heuristic conversations, presentations, method of «brainstorming», «round table» method, «business game» method, practical group and individual exercises, discussion of video recordings, for forming of professional culture of future border guards, are revealed in details. The peculiarities of the use of dialogical methods in the system of forming the professional culture of the future border guards, especially during the teaching the educational discipline «Ukrainian for Professional Purposes» at the National Academy of the State Border Guard Service named after Bohdan Khmelnitsky. The subject of special attention in the article is the disclosure of the peculiarities of cadets studying the rules of conversation with citizens who cross the state border at the checkpoints, the specifics of the official communication of the border guard inspector as an element of his professional culture. It has been determined that dialogical methods are important for shaping the professional culture of the future border guards and for optimizing their interpersonal relationships. They allow you to teach the cadets the rules, values and norms of the professional cultural interaction between classmates, the features of professional interaction at the checkpoints. The use of dialogue methods helps to form the skills of the cadets freely, communicatively justified to use linguistic means in different forms, spheres and genres of speech, that is, to provide an appropriate level of communicative component of their professional culture.

The Postmodern Normative Anxiety of Transnational Legal Studies

2021 ◽  
pp. 112-132
Author(s):  
Giulia Claudia Leonelli
Keyword(s):  
Legal Pluralism ◽  
Nation State ◽  
Legal Analysis ◽  
Legal Studies ◽  
Transnational Law ◽  
Normative Discourse ◽  
The Face ◽  
Inner Tension

This chapter seeks to establish whether a normative discourse on law’s legitimacy can be successfully reconstructed in the face of law’s increasing transnationalization. It explores the postmodern normative conundrum of transnational legal studies, highlighting the normative dilemmas of both Transnational Legal Pluralism and Transnational Legal Ordering theory. It then puts forward an alternative framing of “transnational law” and “transnational legal analysis”; this opens up new opportunities for an inquiry into law’s legitimacy through an application of Conflicts Law theory. After an overview of the merits of Conflicts Law, the chapter assesses the limits to its successful application. An inner tension exists between Conflicts Law theory’s modernist foundations and its application to increasingly complex legal and regulatory conflicts in the postmodern landscape. Against this overall backdrop, the chapter advocates a turn back to substantive, purposive forms of normativity and the rematerialization of law beyond the nation-state.

Old Ideas for New Times: Radical History in International Political Economy

2018 ◽  
Vol 17 (4) ◽  
pp. 429-450 ◽  
Author(s):  
Gregory P. Williams
Keyword(s):  
Political Economy ◽  
International Political Economy ◽  
State System ◽  
First Century ◽  
Nation State ◽  
The Past ◽  
Alternative Perspective ◽  
The Future ◽  
Radical History ◽  
Radical Political Economy

AbstractThis article suggests that the field of international political economy (IPE) would benefit from greater engagement with radicalism. Radical political economy (RPE) continues to be a relevant counterweight to moderate forms ofIPE. Radicalism is portrayed in this work as a vision of history, distinct from static and evolutionary interpretations of the past. And, like their moderate counterparts, radicals are divided as to what will happen in the twenty-first century. Some scholars believe that the capitalist nation-state system will stabilize, while others predict it will transform into some type of post-capitalist and post-national system. By pairing visions of history with expectations for the future, this article offers a typology of six distinct world-historical opinions. It concludes that radicals offer an important alternative perspective to the writings of moderates and yet, in being split about the future, are remarkably similar to others wrestling with questions of transformation.

scholarly journals The fossil species Merothrips dietrichi (Schliephake) comb.n. redescribed and transferred from the genus Heterothrips (Thysanoptera)

Zootaxa ◽  
2017 ◽  
Vol 4231 (4) ◽  
pp. 573 ◽  
Author(s):  
MANFRED R. ULITZKA ◽  
LAURENCE MOUND
Keyword(s):  
The State ◽  
Fossil Species ◽  
X Ray ◽  
Reliable Assessment ◽  
Fossil Resin ◽  
Wide Range ◽  
The Future

Identifying and describing fossil thrips (Thysanoptera) sometimes touches the limits of feasibility. Complications handling these tiny fossils are not only caused by their size, their position or fragmentary nature, but also by the state and condition of the matrices surrounding them. Due to poor preservation in some matrices (such as lime, potash and lignite) their identification often remains uncertain (Ulitzka 2015a). Amber, however, considered as a window on times past (Gröhn et al. 2015), presents a wide range of insect inclusions in excellent condition. Nevertheless, many problems can impede our visibility through this ‘window’. Fissures, opacity or clouding in the fossil resin, as well as inclusions or bubbles of air, can cover specific characteristics of an included specimen. Curvature of the amber surface results in optical distortions that can impede a reliable assessment of certain features, and the deeper an inclusion is in the amber the greater are the problems. For these reasons cutting or grinding the amber as close as possible to a specimen is essential. In the future, synchrotron X-ray microtomography may be an alternative (Henderickx et al. 2012; van de Kamp et al. 2014), but at present is too complex and expensive. 

THE PURSUIT OF REALITY: RECENT RESEARCH INTO THE HISTORY OF WITCHCRAFT

2008 ◽  
Vol 51 (4) ◽  
pp. 1069-1088 ◽  
Author(s):  
MALCOLM GASKILL
Keyword(s):  
Geographical Area ◽  
The State ◽  
First Century ◽  
Social Scientists ◽  
Psychological Phenomenon ◽  
The Future ◽  
History Of ◽  
Twenty First Century ◽  
State Of The Field

ABSTRACTIn recent years the outpouring of historical work on witchcraft has been prodigious. Twenty-first-century studies encompass every conceivable chronological and geographical area, from antiquity to the present, Massachusetts to Muscovy. Approaches have been varied, with witchcraft explored as an intellectual, legal, political, social, cultural, and psychological phenomenon. Of particular interest – and difficulty – is the ‘reality’ of witchcraft: how historians might recover contemporary meanings, beyond the meanings imposed by rationalists, romantics, and social scientists. This article examines nine books from the last five years to assess the state of the field, and to offer some suggestions for research in the future.

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