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Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
Peer Zumbansen
Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Peer Zumbansen
This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining's identification of key problems of law in a global context (2009; 2012), the following paper adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on actors, norms, and processes. Second, the paper proposes case studies as a central methodological device to explore the nature, scope, and function of governance-both legal and nonlegal-in a global context. Through the …
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen
Peer Zumbansen
This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining’s identification of key problems of law in a global context (2009, 2012), the following essay adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on 'actors, norms, and processes.' Secondly, the essay proposes 'case studies' as a central methodological device to explore the nature, scope, function of governance – both legal but also non-legal governance – in …
Transnational Law, Evolving, Peer Zumbansen
Transnational Law, Evolving, Peer Zumbansen
Peer Zumbansen
This chapter is the substantively revised and expanded version of the original contribution to the first edition of the Elgar Encyclopedia of Comparative Law (J. Smits, ed., 2006). It reviews and discusses the theoretical scholarship on the concept of transnational law, going back to Philip Jessup’s introduction of the term in the nineteen-fifties and tracing it to the present day. The chapter highlights the relevance and potential of the idea of transnational in a range of fields, including commercial law (lex mercatoria), corporate law, international human rights law, comparative constitutional law, anthropology, and ‘global administrative law’. The chapter concludes with …
Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
Peer Zumbansen
Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …
Approximating Law And Development, Human Rights And Transitional Justice, Peer Zumbansen, Ruth Buchanan
Approximating Law And Development, Human Rights And Transitional Justice, Peer Zumbansen, Ruth Buchanan
Peer Zumbansen
This chapter is the introduction to the forthcoming edited collection "Law in Transition: Human Rights, Developments and Transitional Justice", edited by the authors and forthcoming with Hart Publishing (Oxford, 2013). The book will appear in the "Osgoode Reader" series and brings together many of the leading experts of the increasingly pertinent intersection of development, rights and transitional justice studies. The Introduction traces the theoretical and practical challenges of this discursive interaction and argues that it is only through such dialogue that a better understanding of the institutional and normative issues arising in contemporary law & development and TJ contexts will …