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Full-Text Articles in Social and Behavioral Sciences
Globalization And Law: Law Beyond The State, Ralf Michaels
Globalization And Law: Law Beyond The State, Ralf Michaels
Faculty Scholarship
The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …
Transparency In International Investment Law: The Good, The Bad, And The Murky, Julie A. Maupin
Transparency In International Investment Law: The Good, The Bad, And The Murky, Julie A. Maupin
Faculty Scholarship
How transparent is the international investment law regime, and how transparent should it be? Most studies approach these questions from one of two competing premises. One camp maintains that the existing regime is opaque and should be made completely transparent; the other finds the regime sufficiently transparent and worries that any further transparency reforms would undermine the regime’s essential functioning. This paper explores the tenability of these two positions by plumbing the precise contours of transparency as an overarching norm within international investment law. After defining transparency in a manner befitting the decentralized nature of the regime, the paper identifies …
The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch
The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch
Faculty Scholarship
This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own "comparative advantage" is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from …