Transnational Law

Author: Mathias Reimann
Publisher: West Academic Publishing
ISBN: 0314154507
Release Date: 2013
Genre: Law

This new and creatively conceived casebook introduces the international legal order as it presents itself at the beginning of the twenty-first century. Consistently and effectively blending theory and practice, it is designed to give students the basic knowledge and understanding of transnational law that every modern lawyer should possess. This is an ideal text both for students who will take only one course in international law, and for those seeking a solid foundation for more specialized courses. It is organized around five major themes: actors, interactions among actors, substantive norms, methods of dispute resolution, and domestic effects of transnational law. Students are first shown how classical international law emerged and, most important, how it has evolved into modern transnational law. They are then invited to revisit each of the five core themes in the context of cutting-edge contemporary legal challenges. The casebook's unique approach enables students to gain both the knowledge and confidence they need to approach the increasingly complex range of transactions and disputes that reach beyond national boundaries.

Transnational Commercial Law

Author: Roy Goode
Publisher: OUP Oxford
ISBN: STANFORD:36105064199800
Release Date: 2007-06-21
Genre: Law

Text, Cases and Materials on Transnational Commercial Law brings together all the necessary materials on this topic in a logical and accessible way. The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonization is achieved and some of the key problems involved.

Documentary Supplement for Use With Transnational Legal Problems

Author: Detlev F. Vagts
Publisher: Foundation Press
ISBN: 1566621631
Release Date: 1994-06
Genre: Law

Steiner, Vagts and Koh's Documentary Supplement to Transnational Legal Problems, Materials and Text, Fourth Edition, provides detailed information on transnational legal problems law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

International Criminal Law Cases and Materials

Author: Ellen S. Podgor
Publisher: LexisNexis
ISBN: 9780327175124
Release Date: 2010-02-02
Genre: Law

International Criminal Law provides a set of teaching materials furnishing students with a grounding in the transnational issues likely to arise in federal criminal cases, and also in the law produced as a consequence of international efforts to impose criminal responsibility on the perpetrators of human rights atrocities. International Criminal Law offers, for teaching purposes, a collection of cases (mainly domestic) and other materials, together with notes and questions about those cases and materials. The first part introduces the field of international criminal law, and includes a chapter on the general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals. The second part covers the specific application of those principles to cases involving the Foreign Corrupt Practices Act, antitrust and securities regulation, export controls, computer crimes, narcotics and money laundering, piracy and terrorism, and torture. The third part addresses procedural aspects of trying such cases in U.S. courts. This section also treats the extraterritorial application of the U.S. Constitution, immunities from jurisdiction, mutual assistance in criminal cases, extradition, alternatives to extradition, prisoner transfers, recognition of foreign criminal judgments, and the bearing on international human rights instruments on criminal procedure. The final part of International Criminal Law deals with the prosecution of international crimes, and takes up the question of what crimes constitute international crimes. This section also discusses the Nuremberg and Tokyo precedents, the ad hoc tribunals for the former Yugoslavia and for Rwanda, the Rome Statute of the International Criminal Court, and the substantive law of international crimes such as aggression, genocide, crimes against humanity, and war crimes. International Criminal Law is supplemented annually. This eBook features links to Lexis Advance for further legal research options.

Work Law Cases and Materials Second Edition

Author: Marion G. Crain
Publisher: LexisNexis
ISBN: 9780327176558
Release Date: 2011-04-26
Genre: Law

The law of work has evolved as a patchwork of legal interventions in the labor market, sometimes by statute, and sometimes through the common law of judicial decisions. Most law school curricula divide the law of work into three topical areas--Labor Law, Employment Law, and Employment Discrimination--and offer separate courses in each area. Labor law in the United States is understood to encompass the study of the National Labor Relations Act, the law governing union organizing and collective bargaining. It is the law of collective rights at work. Employment law refers to the statutes and common law governing individual rights at work. It ranges from minimum standards legislation to judicially created doctrines based in tort and contract law. Employment discrimination law deals with the statutes and interpretative case law advancing the antidiscrimination norm in the workplace. These statutes address the problem of status discrimination at work (e.g., discrimination on the basis of race, sex, national origin, ethnicity, religion, disability, or sexual orientation). A comprehensive study of the law of work also provides an opportunity to assess critically what form enforcement of rights should take. Should conflicts between employers and employees be channeled into private resolution systems such as collective bargaining or contractual arbitration, or is the public interest sufficient to justify committing administrative, judicial and legislative resources to it? What is the significance of casting employee rights as collective--and therefore entrusting their enforcement to an employee representative such as a union--versus conceptualizing them as individual? Must such a collective representative be independent of the employer, or do employer-initiated employee committees further worker voice just as effectively? Doesn't history also warn of the risks of subordinating individual interests to those of the collective, particularly in the context of a diverse workforce with minority groups characterized by race, ethnicity or gender? Accordingly, the casebook is called " Work Law" and it endeavors to present basic materials on each system of labor market regulation. The book identies core themes of conflict and concern in the workplace, canvass the governing law, and offer a vantage point for assessment. Several themes furnish the organizing structure for the book. The book asks how law should mediate the perennial conflict between employer and employee rights; what difference it makes whether employee rights are conceptualized individually or collectively; what significance the increasing racial, ethnic, and gender diversity of the workforce should have for legal policy; whether dispute resolution systems should be privatized (via collective bargaining or individual contract) or remain in the public fora (courts and legislatures); and whether law is the most effective way to address interests of employers and employees (as contrasted, for example, with human resource practices, employer initiatives, or employee self-help measures). The book will be most useful in Employment Law courses that address the significance of conceptualizing rights at work individually as opposed to collectively. Its strength is its refusal to categorize the law of the workplace in doctrinal boxes that may be out-of-date by the time the book reaches maturity. The book adverts to Labor Law principles at a number of points throughout the book, but at a policy level rather than a doctrinal level, as a way of introducing and evaluating an alternative model of employee representation; the book does not assume any knowledge of Labor Law on the part of teacher or student and makes no effort to provide a satisfactory substitute for a Labor Law text. The book offers some detail in the law of Employment Discrimination but does so primarily with an eye toward surveying the field and assessing antidiscrimination regulation as a response to an increasingly diverse workforce, rather than providing an in-depth study of Employment Discrimination principles. The text surveys the existing legal landscape, but it does not stop there. Work Law is an exciting and intellectually stimulating practice area because it is of necessity in a constant state of flux, responding to labor market innovations. Flexibility in thinking is vital to this area of practice.

The European Union under Transnational Law

Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 9781509911516
Release Date: 2018-01-11
Genre: Law

For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

Transnational Law and Practice

Author: Donald Earl Childress III
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454860938
Release Date: 2015-03-12
Genre: Law

This unique new casebook emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today s globalized world regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be international law-centric or international court-centric and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. Key Features Practice-oriented. Focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Covers not only international law and international courts, but also the role of national law, national courts, and alternative dispute resolution in transnational practice. Comparative perspectives throughout. Written by a team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions.

Transnational Law and Practice

Author: Donald Earl Childress III
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454860938
Release Date: 2015-03-12
Genre: Law

This unique new casebook emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today s globalized world regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be international law-centric or international court-centric and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. Key Features Practice-oriented. Focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Covers not only international law and international courts, but also the role of national law, national courts, and alternative dispute resolution in transnational practice. Comparative perspectives throughout. Written by a team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions.

The Limits of Transnational Law

Author: Guy S. Goodwin-Gill
Publisher: Cambridge University Press
ISBN: 9781139484374
Release Date: 2010-03-18
Genre: Law

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

Cases and Materials on the English Legal System

Author: Michael Zander
Publisher: Cambridge University Press
ISBN: 9781139463348
Release Date: 2007-04-19
Genre: Law

This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.

International and Transnational Criminal Law

Author: David Luban
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454848509
Release Date: 2014-07-11
Genre: Law

Bringing a wealth of experience and insight to a rapidly emerging field of inquiry, International and Transnational Criminal Law offers four-part coverage, dynamic perspective, and historical depth. Ideal for the international criminal law course and well suited to courses on transnational law and international law, this casebook carefully examines procedural issues, transnational crimes, and international crimes. Features: Updated throughout to reflect relevant recent Supreme Court and lower court decisions, amended statutes, developments in treaty law, and current scholarship Incorporated recent decisions of the International Court of Justice, the International Criminal Court, and the ad hoc and hybrid tribunals, particularly regarding the elements of international crimes, sentencing norms, and the prosecutor's role Expanded references to non-U.S. sources, such as the United Kingdom's Terrorism Act of 2006 and its Bribery Act of 2010 Sharpened discussion of jurisdictional as well as extradition and evidence gathering Extended the terrorism chapter by, inter alia, including the Supreme Court's decision in Holder v. Humanitarian Law Project and the Lebanon Tribunal's definition of terrorism; adding materials on the (de)listing of designated foreign terrorist organizations; and updating the materials on military commissions Rewrote the International Criminal Court chapter to focus on jurisdiction, admissibility, and the Security Council's role and to concentrate on the Office of the Prosecutor's exercise of prosecutorial judgment, illustrated through Uganda and Sudan case studies Substantially amended the modes of participation and mens rea chapter to incorporate recent decisions, eliminate unnecessary complexities, and, consistent with the ICC's practice, to focus on indirect and direct co-perpetration Updated the crimes against humanity chapter to reflect developments regarding the "group discrimination" and the "state or organizational policy" elements Revised the trafficking in people, drugs, arms, and antiquities chapter Included, in the war crimes chapter, the U.S. drone program, the crime of inflicting disproportionate "collateral" civilian damage, and developments on the crime of recruiting child soldiers Updated the torture chapter to include developments under the Obama administration Updated the Sexual Violence chapter: added the ICC's rape definition and cumulative charging decisions, and discussion of the "new" crime of forced marriage.

International Commercial Contracts

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 9781107029187
Release Date: 2014-05-29
Genre: Law

The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Koh s Transnational Litigation in United States Courts Concepts and Insights Series

Author: Harold Koh
Publisher: West Academic
ISBN: 9781628102628
Release Date: 2008-08-26
Genre: Law

This text by a leading international law scholar provides an incisive, analytic guide to transnational litigation in the U.S. courts, covering complex doctrines in depth, while remaining clear and accessible for students. All major doctrinal areas are addressed, including transnational public and private law litigation, extraterritoriality, foreign sovereign immunity, the Act of State Doctrine, jurisdiction to adjudicate, service of process, forum non conveniens, transnational discovery, and recognition and enforcement of foreign judgments and injunctive decrees.

Transnational Law

Author: Miguel Maduro
Publisher: Cambridge University Press
ISBN: 9781107028319
Release Date: 2014-05-01
Genre: Law

Examination of the effects of law's de-nationalisation by placing European law in the context of transnational law.

The Politics of Private Transnational Governance by Contract

Author: A. Claire Cutler
Publisher: Taylor & Francis
ISBN: 9781315409566
Release Date: 2017-03-31
Genre: Political Science

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.