O Direito Transnacional (“Global Law”) e a crise de paradigma do estado-centrismo: É possível conceber uma Ordem Jurídica Transnacional? (Global Law and the Crises of State-centric Paradigm: Is It Possible to Conceive a Transnational Legal Order?)

2016 ◽  
Author(s):  
Luiza Nogueira Barbosa ◽  
Valesca Borges
Keyword(s):  
Legal Order ◽  
Global Law

The ECtHR, transregional dialogues and global constitutionalism

2020 ◽  
Vol 9 (3) ◽  
pp. 543-551
Author(s):  
WAYNE SANDHOLTZ
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Level System ◽  
Global Order ◽  
European Court ◽  
Human Rights Treaties ◽  
Global Constitutionalism ◽  
Multi Level ◽  
Global Law ◽  
Decentralized Mechanism

AbstractIn A Cosmopolitan Legal Order, Stone Sweet and Ryan suggest that ‘from the standpoint of global law, we see that the [European Court of Human Rights] has taken its place in a pluralist, rights-based international order, as one trustee of this global order’. This article is a preliminary attempt to evaluate signs of movement toward global rights review. A multi-level charter of rights exists in the network of international and regional human rights treaties and in national constitutions. An incipient structure of global rights review exists in the form of the regional human rights courts, which see themselves as trustees of the larger global human rights system. Judicial dialogue among the regional courts allows for informal, decentralized coordination among them. The European Court of Human Rights serves as a point of reference for the African and Inter-American systems, though these also cite each other. Transregional judicial dialogue establishes a rudimentary, informal and decentralized mechanism of coordination among bodies that exercise a review function in the multi-level system of international human rights.

scholarly journals Legal Order and the ‘Globality’ of Global Law

2012 ◽  
Vol 17 (2) ◽  
pp. 168-176 ◽  
Author(s):  
Hans Lindahl
Keyword(s):  
Legal Order ◽  
Global Law

scholarly journals Comparative Law Beyond Post-Modernism

2000 ◽  
Vol 49 (4) ◽  
pp. 800-834 ◽  
Author(s):  
Anne Peters ◽  
Heiner Schwenke
Keyword(s):  
Comparative Law ◽  
Global Scale ◽  
Legal Order ◽  
New Approach ◽  
Legal Standards ◽  
Post Modernism ◽  
Technical Function ◽  
Global Law ◽  
Different Cultures ◽  
Economic Globalisation

The legal version of post-modernism has not failed to challenge comparative law. It points out that, traditionally, comparatists have participated in a project of objectivity, universalism and neutrality of law, of which the “new” approach to comparative law is altogether sceptical.1 In the era of globalisation, both the discipline and its critique have gained relevance. What the transition of post-socialist countries and the unification of Europe have effected regionally, globalisation now accomplishes on a global scale: it creates desires for harmonisation and, as a pre-requisite, legal comparison. However, not only the technical function of comparative law is needed, but also its critical potential. In the process of globalisation, different legal systems and different cultures are confronted with each other and must interact. This provokes new questions about the options and limits of comparative law and legal unification, regarding, for instance, the applicability of specific moral and legal standards to other cultures by comparatists and law-makers. These questions are all the more pressing as we begin to realise that governing globalisation, in particular economic globalisation, with the help of global law perhaps requires a concept of a global legal order which is based on a “global legal pluralism”.2

Global Constitutionalism and Its Legitimacy Problems: Human Rights, Proportionality, and International Investment Law

2018 ◽  
Vol 12 (2) ◽  
pp. 251-280
Author(s):  
David Schneiderman
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
International Investment ◽  
Legal Order ◽  
Foreign Investors ◽  
International Investment Law ◽  
Regime Legitimacy ◽  
Global Constitutionalism ◽  
Investment Law ◽  
Global Law

Abstract How is legitimacy to be secured for constitution-like legal orders operating beyond the state? Some scholars recommend connecting aspects of global law to human rights adjudication and enforcement by adopting their preferred method for resolving conflicts, namely, proportionality analysis. Adopting a frame of analysis widely embraced by apex courts might generate the requisite regime legitimacy, it is argued. This turns out to be a strategy that is difficult to pursue in the realm of international investment law, a global legal order made up of over 3,300 investment and regional treaties, enforced by private systems of dispute resolution, that incorporates standards of treatment familiar to national constitutional law. By undertaking an analysis of statements made by relevant actors in the field, principally investment lawyers and arbitrators, we learn that there is not that much interest in taking up proportionality analysis, despite the legitimacy problems that continue to dog the system. Whatever the purported advantages of turning to proportionality, it turns out that investment lawyers and arbitrators are not so interested in embracing logics other than one preoccupied with owing solicitude to foreign investors. This reluctance renders investment law a less legitimate, and therefore less sustainable, form of constitution-like global law.

scholarly journals Political Theology of International Law: Methodological Facets and Borders

2021 ◽  
Vol 20 (1) ◽  
pp. 50-71
Author(s):  
Viacheslav Kondurov
Keyword(s):  
International Law ◽  
Political Theology ◽  
Methodological Approach ◽  
Legal Order ◽  
Global Order ◽  
Spatial Concepts ◽  
End Of History ◽  
International Legal Order ◽  
Global Law ◽  
Homogeneous Environment

The article investigates the possibility of applying political theology as a specific methodological approach to international law. As the key theses of political theology were originally formulated by C. Schmitt in the context of national law acting in a homogeneous environment, political theology discourse in the modern philosophy of international law is mainly related to the universalist projects of global law based on an analogy with national law. The first of such strategies, the expansionist strategy, presupposes the construction of global order by the world hegemon. The second, the cosmopolitan strategy, assumes that international law can be built on the basis of an ongoing process of discussion of the global order foundations by the widest possible range of actors. Both of these strategies charm “eternal peace” and are nourished by a common messianic spirit and, therefore, are utopian. However, Schmitt’s international law legacy offers an atypical non-universalist and anti-messianic view on international law as a heterogeneous global legal order based on spatial concepts. Despite the fact that the application of political theology to this kind of order is difficult, it shall not be excluded for several reasons. The pluralistic structure of the heterogeneous order can be seen as a katechon that holds back the end of history. Finally, the political theology of international law can be applied to analyze the historical transformations of the international legal order.

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

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