Transnational Arbitration Law

2021 ◽  
pp. 468-478
Author(s):  
Florian Grisel
Keyword(s):  
Legal Theory ◽  
Future Research ◽  
International Arbitration ◽  
Transnational Law ◽  
Lex Mercatoria ◽  
Global World

This chapter suggests how transnational legal theory provides a relevant analytical frame to capture the norms, actors and processes of international arbitration. The chapter first examines the long-standing academic debates over lex mercatoria before turning to the dominant sociolegal analysis of international arbitration. Both examples illustrate the extent to which the analytical frames furnished by legal scholars are grounded in representations that ought to be transcended for a better understanding of the global world. The notion of transnational law provides a useful analytical frame to reconsider these debates under a new light and to open new avenues for future research.

scholarly journals Resilience of Legal Systems

2021 ◽  
pp. 509-529
Author(s):  
J. B. Ruhl ◽  
Barbara Cosens ◽  
Niko Soininen
Keyword(s):  
Legal Theory ◽  
Environmental Law ◽  
Theoretical Research ◽  
Future Research ◽  
Special Role ◽  
Legal Systems ◽  
Social Ecological Systems ◽  
Resilience Thinking ◽  
System Resilience ◽  
Practical Experiences

Resilience theory, also known as resilience thinking, has emerged as a powerful theoretical framework for many disciplines. Legal theorists have, however, only in the past decade begun to contextualize resilience thinking for legal systems. This chapter summarizes where resilience thinking has gone thus far in legal theory and recommends where it should go from here. The authors start by asking the two fundamental questions of resilience thinking, putting them in the context of legal systems: resilience of what and resilience to what? Because of the special role legal systems play in the governance of complex social-ecological systems, the authors add a third question: resilience for what? We then explore five key features of system resilience as they relate to legal systems: (a) reliability, (b) efficiency, (c) scalability, (d) modularity, and (e) evolvability. Using environmental law as a case study, the discussion offers concrete examples of how each property manifests and operates in legal systems. The authors close with an exploration of how what has been learned thus far about legal system resilience from theoretical research and practical experiences should shape future research, in particular toward a deeper understanding of adaptive governance.

The Future of Covert Regime Change

2020 ◽  
pp. 203-222
Author(s):  
Michael Poznansky
Keyword(s):  
Latin America ◽  
Civil Wars ◽  
Regime Change ◽  
Domestic Politics ◽  
Legal Theory ◽  
Future Research ◽  
Central Argument ◽  
The Cold War ◽  
The Arab Spring ◽  
Practical Implications

This chapter summarizes the central argument and empirical findings of the book. It begins by demonstrating that the legal theory developed here outperformed alternative explanations centered on escalation control, domestic politics, and nationalism. It also shows that the argument travels beyond the Cold War and outside of Latin America by exploring America’s various interventions in Iraq from 1991 to 2003 and Obama’s varied responses to civil wars in Libya and Syria during the Arab Spring. The chapter concludes by suggesting avenues for future research and highlighting the book’s scholarly and practical implications.

Leon Petrażycki and contemporary socio-legal studies

2015 ◽  
Vol 11 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Roger Cotterrell
Keyword(s):  
Twentieth Century ◽  
Legal Theory ◽  
The Other ◽  
Historical Background ◽  
Valuable Contribution ◽  
Legal Scholarship ◽  
Legal Studies ◽  
Transnational Law ◽  
The One

AbstractThe work of the Polish–Russian scholar Leon Petrażycki from the early decades of the twentieth century holds a strikingly paradoxical position in the literature of juristic and socio-legal scholarship: on the one hand, lauded as a supremely valuable contribution to knowledge about the nature of law and, on the other, widely neglected and little known. This paper asks how far Petrażycki's theories, expressed in writings by and about him available to an international readership, can provide insight for contemporary socio-legal studies – not as historical background but as living ideas. How far can his work speak to current issues and inform current debates? What obstacles stand in the way of this? Why have few international scholars engaged with his theories despite their rigour and originality? The paper starts from this last issue before addressing the others. It argues that Petrażycki's radical legal theory offers strikingly distinctive resources for rethinking issues about the role of law in multicultural societies, the nature of developing transnational law, and the significance of law as an aspect or expression of culture.

scholarly journals The Association of Transnational Law Schools' Agora: An Experiment in Graduate Legal Pedagogy

2009 ◽  
Vol 10 (6-7) ◽  
pp. 929-958 ◽  
Author(s):  
Phillip G. Bevans ◽  
John S. McKay
Keyword(s):  
Doctoral Students ◽  
Legal Theory ◽  
Legal Education ◽  
International Governance ◽  
Summer Program ◽  
Law Schools ◽  
Legal Studies ◽  
Transnational Law ◽  
Legal Transplantation ◽  
Social Organizational

The Association of Transnational Law Schools [ATLAS] is a consortium of seven law schools from four continents that launched an annual academic summer program, called the Agora, for doctoral students this past July 2008. As the name of the consortium would suggest, the program focused on transnational law. The Agora is one of several multi-school initiatives aimed at furthering the study of the globalizing legal environment. The Agora both reflects and furthers a trend in legal scholarship, and as a consequence legal education, toward a focus on a set of interrelated concerns, which include globalization, international governance, transnational law, comparative legal studies, legal transplantation and the apparent conceptual challenges that these pose. In important respects these new conceptual challenges have a long pedigree in questions about the scope of legal pedagogy and theory. The pedagogical controversy is rooted in questions about the purpose of legal education, namely, whether it is trade training and should focus on practical legal skills, or whether it should be conceived of as broader than this. Intimately connected to this pedagogical controversy is a legal-theoretical controversy about the scope of legal theory (and thus the nature of law and its investigation). Does the word “law” designate the organizational instruments of state power, or should we think of “law” as referring to a more diverse set of social-organizational systems that may have greater or less affinity and connection with state law?

Transnational Sex Trafficking of Women

2021 ◽  
Author(s):  
Susan Dewey
Keyword(s):  
Sex Trafficking ◽  
Academic Disciplines ◽  
Future Research ◽  
Social Concern ◽  
Vast Array ◽  
Policy Responses ◽  
Transnational Law ◽  
Law And Policy ◽  
Rights Issue ◽  
Economic Considerations

The transnational sex trafficking of women is an enduring social concern across a strikingly vast array of policy realms, activisms, and academic disciplines, including criminology, sociology, criminal justice, social work, political science, psychology, medicine, gender studies, and anthropology, among others. There are five prevailing themes across this vast body of multidisciplinary work: (a) transnational law and policy responses, (b) antecedents, (c) social organization and politico-economic considerations, (d) representations, and (e) interventions and carceral logics. The analysis featured is keenly attuned to each cited study’s unique disciplinary frameworks and methods, and it concludes with recommendations for future research on this critical human rights issue.

Remarks by James Nevins Hyde:

1973 ◽  
Vol 67 (5) ◽  
pp. 245-248
Author(s):  
James Nevins Hyde
Keyword(s):  
Saudi Arabia ◽  
International Law ◽  
Comparative Law ◽  
International Arbitration ◽  
Public International Law ◽  
Transnational Law ◽  
Legal Situation ◽  
Municipal Law ◽  
The Government ◽  
Oil Company

Transnational law includes municipal law, public international law, and conflicts, including some attention to comparative law. For example, the international arbitration between the Arabian-American Oil Company and the Government of Saudi Arabia required George Sauser-Hall, the arbitrator, to weigh all of these variables. When you consider working in this field you should realize that you are concerned with politics, economics, and different bodies of law and also with great areas of uncertainty. I suppose that the current ITT case with $92 millions of investment insurance is a good example of the uncertainty when a political and legal situation gets mixed up.

Sign in / Sign up

Export Citation Format

Share Document