Constitution-Making and Transnational Legal Order

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Release : 2019-04-18
Genre : Law
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Book Rating : 105/5 ( reviews)

Constitution-Making and Transnational Legal Order - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitution-Making and Transnational Legal Order write by Gregory Shaffer. This book was released on 2019-04-18. Constitution-Making and Transnational Legal Order available in PDF, EPUB and Kindle. Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.

Transnational Legal Orders

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Release : 2015-01-19
Genre : Business & Economics
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Book Rating : 920/5 ( reviews)

Transnational Legal Orders - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Transnational Legal Orders write by Terence C. Halliday. This book was released on 2015-01-19. Transnational Legal Orders available in PDF, EPUB and Kindle. Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Constitution Making

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Release : 2016
Genre : Constitutional history
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Book Rating : 956/5 ( reviews)

Constitution Making - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitution Making write by Sujit Choudhry. This book was released on 2016. Constitution Making available in PDF, EPUB and Kindle. Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.

Constitution-Making under UN Auspices

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Release : 2020-01-16
Genre : Law
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Book Rating : 360/5 ( reviews)

Constitution-Making under UN Auspices - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitution-Making under UN Auspices write by Vijayashri Sripati. This book was released on 2020-01-16. Constitution-Making under UN Auspices available in PDF, EPUB and Kindle. In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.

Transnational Law and State Transformation

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Release : 2019-11-07
Genre : Business & Economics
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Book Rating : 133/5 ( reviews)

Transnational Law and State Transformation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Transnational Law and State Transformation write by Jennifer Lander. This book was released on 2019-11-07. Transnational Law and State Transformation available in PDF, EPUB and Kindle. This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.