glawcal book series with:

Overview:

In recent years the concepts of "transnational law" and "governance" have been explored by both scholars and practitioners with the terms taking on new meaning and significance, particularly in light of the ongoing economic crisis and a corresponding critical reappraisal of global institutional structures and governance.Transnational law covers a broad theoretical definition which includes studies emerging from disciplines such as international law, comparative law, international economic law and administrative law undertaken by legal scholars but also features extensive research undertaken by scholars from other disciplines, including but not limited to, political sciences, international relations, public administration, sociology, history, philosophy and geography. Recent work has offered up critical evaluations of the current system of governance and transnational rules as being often implemented by Western countries through categories which no longer accurately represent Western economies and are even less relevant to non-Western systems which are becoming increasingly important in the global economy. Governance in particular is now seen as important when we refer to the general stability of the markets, to good faith and other key principles which are fundamental to the notion of a fair market which is responsive to the needs of governments and citizens as well as businesses.This multidisciplinary series aims to provide a home for research exploring these issues. It features cutting-edge works which critically analyse the relationship between governance, institutions and law from a variety of disciplinary perspectives.

Series Editor: Paolo Davide Farah
We are welcoming new book proposal for gLAWcal Book Series with Routledge (New York/London).
Submit your proposal!
Technocracy and the Law: Accountability, Governance and Expertise
Alessandra Arcuri and Florin Coman-Kund
Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decision making and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.
The Transnationalization of Anti-Corruption Law
Régis Bismuth, Jan Dunin-Wasowicz and Phil Nichols
The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.
EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics
Winfried Huck, Stephen Hardy and Alicia Elias Roberts
Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework. Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today, therefore the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the sustainable development goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.
Business and Human Rights in Europe: International Law Challenges
Angelica Bonfanti
Transnational business activities are important drivers of growth for developing and least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted—also throughout their supply chains—and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and the European states have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters—written by scholars and practitioners under the direction of the Editor, Angelica Bonfanti—Business and Human Rights in Europe: International Law Challenges identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.
Corporate Accountability under Socio-Economic Rights
Jernej LETNAR ČERNIČ
In the past decade, companies have become increasingly aware of their corporate, social and human responsibilities. However, with the exception of a few isolated cases, access to justice has barely improved, particularly for or violations of socio-economic rights. In most cases of human rights violations by corporations the victims remain without the right to effective judicial protection. International law does not currently allow for the possibility of enforcing corporate responsibility for human rights, leaving victims to attempt to seek recourse in often inefficient and reluctant domestic courts. This book asks how should transnational and other corporations most effectively respect and protect human rights without compromising their primary business objectives? The book identifies and analyses the theoretical foundations and the existing scope and nature of corporate accountability arising from economic and social rights at the international and national levels. Through careful analysis Jernej Letnar Cernic exposes the stark reality of the need for greater clarity in the socio-economic obligations and accountability of corporations. The book goes on to put forward a normative framework for corporate accountability for socio-economic rights in national legal orders building on existing mechanisms.
Sustainability and Peaceful Coexistence for the Anthropocene
Pasi Heikkurinen
The rapid industrialization of societies has resulted in radical changes to the Earth’s biosphere and its local ecosystems. Climate scientists have recorded and forecasted worrying global temperature rises going back to the early twentieth century, while biologists and palaeontologists have suggested that the next mass extinction is on its way if the current rate of species loss continues. To avert further ecological damage, excessive natural resource use and environmental deterioration are challenges that humanity must deal with now. The human species has had such a significant impact on the natural environment that the present geological epoch can be referred to as the ‘Anthropocene’, the age of humans. The blame and responsibility for the prevailing unsustainability, however, cannot be assigned equally to all humans. To analyse the root problems and consequences of unsustainable development, as well as to outline rigorous solutions for the contemporary age, this transdisciplinary book brings together natural and social sciences under the rubric of the Anthropocene. The book identifies the central preconditions for social organization and governance to enable the peaceful coexistence of humans and the non-human world. The contributors investigate the burning questions of sustainability from a number of different perspectives including geosciences, economics, law, organizational studies, political theory and philosophy. The book is a state-of-the-art review of the Anthropocene debate and provides crucial signposts for how human activities can, and should, be changed.
A Radically Democratic Response to Global Governance
Margaret Stout and Jeannine M. Love
This book presents a critique of dominant governance theories grounded in an understanding of existence as a static, discrete, mechanistic process, while also identifying the failures of theories that assume dynamic alternatives of either a radically collectivist or individualist nature. Relationships between ontology and governance practices are established, drawing upon a wide range of social, political, and administrative theory. Employing the ideal-type method and dialectical analysis to establish meanings, the authors develop a typology of four dominant approaches to governance. The authors then provide a systematic analysis of each governance approach, thoroughly unpacking and critiquing each one and exploring the relationships and movements among them that engender reform and revolution as well as retrenchment and obfuscation of power dynamics. After demonstrating that each governance approach has fatal flaws within a diverse global context, the authors propose an alternative they call Integrative Governance. As a synthesis of the ideal-types, Integrative Governance is neither individualist nor collectivist, while still maintaining the dynamic character required to accommodate responsiveness to cultural contexts.
Overview:

This series provides a new focus on the relationship between international law, economy and trade, with special attention to what are commonly referred to as non-trade-related values and concerns. Through research and policy analysis the series sheds new light on a range of issues relating to good governance and human rights in the widest sense. It is held that the values supporting these issues are directly affected by the global expansion of world trade and need to be upheld in order to balance the excesses of globalization. Multidisciplinary in approach, the series integrates studies from scholars and researchers with a range of different backgrounds and interdisciplinary expertise from law, economics, political science, and sociology through to history, philosophy and natural science.

Series Editor: Paolo Davide Farah
We are welcoming new book proposal for gLAWcal Book Series with Routledge (New York/London).
Submit your proposal!
Integrative Governance Generating Sustainable Responses to Global Crises
Margaret STOUT and Jeannine M. LOVE
Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability—including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.
The Reform of International Economic Governance
Antonio Segura Serrano
The second half of the twentieth century saw the emergence of international economic law as a major force in the international legal system. This force has been severely tested by the economic crisis of 2008. Unable to prevent the crisis, the existing legal mechanisms have struggled to react against its direst consequences. This book brings together leading experts to analyse the main causes of the crisis and the role that international economic law has played in trying to prevent it, on the one hand, and worsening it, on the other. The work highlights the reaction and examines the tools that have been created by the international legal field to implement international cooperation in an effort to help put an end to the crisis and avoid similar events in the future. The volume brings together eminent legal academics and economists to examine key issues from the perspectives of trade law, financial law, and investment law with the collective aim of reform of international economic governance.
China’s Influence on Non-Trade Concerns in International Economic Law
Paolo D. Farah and Elena Cima
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

glawcal book series with:

glawcal books

Ethics and Politics of Space for the Anthropocene

Anu Valtonen, Outi Rantala and Paolo Davide Farah

Edward Elgar Publishing

中国在国际经济法上对非贸易关注问题的影响

Paolo Davide Farah (方仪中)

法律出版社 (Law Press China)

Energy: policy, legal and social-economic issues under the dimensions of sustainability and security

Paolo Davide Farah, Piercarlo Rossi

Imperial College Press (United Kingdom) & World Scientific Publishing