Law Commons^™

A World Of Passions: How To Think About Globalization Now, Jedediah Purdy

Indiana Journal of Global Legal Studies

No abstract provided.

Book Review: Law And Colonial Cultures: Legal Regimes In World History, 1400-1900, Sam F. Halabi

Faculty Publications

Challenging scholars of both colonial history and globalization, Lauren Benton's Law and Colonial Cultures argues that state-centered legal orders emerged as a result of the presence of colonial powers, both European and non-European. She describes how the colonial state developed through jurisdictional conflicts between native judicial systems and colonial legal systems.

Localizing Intellectual Property In The Globalization Epoch: The Integration Of Indigenous Knowledge, Chidi Oguamanam

Indiana Journal of Global Legal Studies

No abstract provided.

Toward Global Democracy: Thoughts In Response To The Rising Tide Of Nation-To-Nation Interdependencies, Hassan El Menyawi

Indiana Journal of Global Legal Studies

No abstract provided.

For-Profit Education Service Providers In Primary And Secondary Schooling: The Drive For And Consequences Of Global Expansion, Amy M. Steketee

Indiana Journal of Global Legal Studies

No abstract provided.

Building The Northeast Asian Community, Byung-Woon Lyou

Indiana Journal of Global Legal Studies

No abstract provided.

Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu

San Diego International Law Journal

This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.

Globalization: Panacea For The World Or Conquistador Of International Law And Statehood?, Aaron J. Lodge

ExpressO

Recent powerful occurrences have led to an unprecedented world wide move in the direction of globalization. Globalization involves eliminating trade barriers, exchanging products and services across national borders, and the emergence of truly global corporations. Governments have embraced globalization in hopes of building stronger economies, creating jobs, and providing increased services and products. Debate has centered on the effect of globalization on sovereignty and the effect on individuals. However, the effect of globalization on international law has been largely ignored.

Today, international law—in the form of free trade agreements—enables the globalization process to occur faster than ever before. This article …

The Transnational Corporation In History: Lessons For Today?, Janet Mclean

Indiana Law Journal

This is the revised text of the George P. Smith, II Lecture delivered at Indiana University School of Law- Bloomington on April 4, 2003.

Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson

Cornell Law Faculty Publications

No abstract provided.

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

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 …

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 …

From Empire To Globalization: The New Zealand Experience, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

The Political Origins Of The New Constitutionalism, Ran Hirschl

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

Forum Non Conveniens And The Foreign Forum: A Defense Perspective, C. Ryan Reetz, Pedro J. Martinez-Fraga

University of Miami Inter-American Law Review

No abstract provided.

Courts And Globalization, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

From Empire To Globalization . . . And Back? A Post-Colonial View Of Transjudicialism, Hannah Buxbaum

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

Globalization And The Myth Of Absolute National Sovereignty: Reconsidering The "Un-Signing" Of The Rome Statute And The Legacy Of Senator Bricker, John R. Worth

Indiana Law Journal

No abstract provided.

Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah

Articles

The current period of globalization (defined loosely as increasing global economic integration), which began with the liberalization of exchange and capital controls and lowering of trade and investment barriers in the 1980s, is not the first time the world got economically smaller. The period from 1870 to the outbreak of World War I in 1914 was by some measures (such as the percentage of GNP in developed countries derived from overseas investment, and labor migration) marked by more extensive globalization than the post-1980 one. This earlier globalization came to a halt with the hostilities of World War I, followed by …

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

The Varied Policies Of International Juridical Bodies: Reflections On Theory And Practice, John H. Jackson

Georgetown Law Faculty Publications and Other Works

I would like to turn to how my current thinking and writing relate to the broader issues of international law norm creation. One such article is quite recent and it represents some of my thinking in these broader general issues. It is entitled Sovereignty Modern, and it is a close look at the question of sovereignty and how it affects the fundamental logic of international law. I do not pretend that I have finalized my views, but fundamentally very few people really accept the original, Westphalian idea of sovereignty anymore. There are many other constructs of what sovereignty currently means, …

Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge

Human Rights & Human Welfare

A review of:

Workers’ Rights as Human Rights edited by James A. Gross. Ithaca: Cornell University Press, 2003. 272pp.

and

International Labor Standards: Globalization, Trade, and Public Policy edited by Robert J. Flanagan and William B. Gould IV. Palo Alto: Stanford University Press, 2003. 275pp.

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …