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Full-Text Articles in Law
Shared Responsibility And The International Labour Organization, Yossi Dahan, Hanna Lerner, Faina Milman-Sivan
Shared Responsibility And The International Labour Organization, Yossi Dahan, Hanna Lerner, Faina Milman-Sivan
Michigan Journal of International Law
How should the international labor regime be reformed in order to guarantee all workers around the world minimum labor standards? This is the central question we address in this Article. It has been weighed and discussed by social scientists, legal scholars, and philosophers, who analyze it from various economic, political, and legal perspectives. Yet interestingly, the literature in this field has been, by and large, characterized by a sharp disciplinary divide: on the one hand, labor law scholars typically address the issue of international labor standards from a detailed practical perspective, defining the problems in terms of enforcement, efficacy, or …
Two Paradigms Of Jurisdiction, Ralf Michaels
Two Paradigms Of Jurisdiction, Ralf Michaels
Michigan Journal of International Law
Globalization causes convergence of legal orders. Or so it is argued. Law and economics scholars predict that legal orders will move towards the same efficient end state. They argue that the requirements of globalization will pressure legal orders to converge on the level of economic efficiency, because regulatory competition between legal orders makes it impossible for individual legal systems to maintain suboptimal solutions. Many comparative lawyers predict a similar convergence. In particular traditional functionalist comparatists have long held that unification of law was both desirable and unavoidable. Their basic argument is based on functional equivalence and can be summarized as …
The State And Globalization: Denationalized Participation, Saskia Sassen
The State And Globalization: Denationalized Participation, Saskia Sassen
Michigan Journal of International Law
The effort in this paper is to recover the ways in which the state participates in governing the global economy in a context increasingly dominated by deregulation, privatization, and the growing authority of non-state actors. A key organizing proposition, derived from my previous work on global cities' is the embeddedness of much of globalization in national territory, that is to say, in a geographic terrain that has been encased in an elaborate set of national laws and administrative capacities. The embeddedness of the global requires at least a partial lifting of these national encasements and hence signals a necessary participation …
Regime-Collisions: The Vain Search For Legal Unity In The Fragmentation Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Regime-Collisions: The Vain Search For Legal Unity In The Fragmentation Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Michigan Journal of International Law
Predictions of future events tend to be a rarity within the social sciences. It is an even more rare occurrence when predicted events come to pass. Niklas Luhmann's prediction on the future of global law is a memorable exception. In 1971, while theorizing on the concept of world society, Luhmann allowed himself the "speculative hypothesis" that global law would experience a radical fragmentation, not along territorial, but along social sectoral lines. The reason for this would be a transformation from normative (politics, morality, law) to cognitive expectations (economy, science, technology); a transformation that would be effected during the transition from …
Reply To Andreas L. Paulus Consensus As Fiction Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Reply To Andreas L. Paulus Consensus As Fiction Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Michigan Journal of International Law
Andreas Paulus reminds us correctly that narratives "of a world of sovereign states loosely cooperating in 'coalitions of the willing' no longer tell the whole story." One of the achievements of the 20th century has been the insertion of a vertical dimension within horizontal international law; a dimension created by the ICJ's Traction decision and the Vienna Convention of the Law of Treaties, and within which we can observe "obligations arising for states without or against their will." Any narrative that characterizes these legal norms as a simple product of interstate consensus is particularly thin if analysis focuses upon the …