Global Civil Society in International Lawmaking and Global Governance

Theory and Practice

Author: Barbara K. Woodward

Publisher: BRILL

ISBN: 9004179593

Category: Law

Page: 615

View: 1697

Drawing upon global governance, global civil society (GCS) and international lawmaking scholarship and presenting studies of GCS practice in international lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book comprehensively re-evaluates GCS s role in public international lawmaking.
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Global Environmental Governance

Law and Regulation for the 21st Century

Author: Louis J. Kotzé

Publisher: Edward Elgar Publishing

ISBN: 1781002533

Category: Law

Page: 344

View: 2894

ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.
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Research Handbook on the Theory and Practice of International Lawmaking

Author: Catherine Brölmann,Yannick Radi

Publisher: Edward Elgar Publishing

ISBN: 1781953228

Category: Law

Page: 512

View: 7371

The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.
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Global Civil Society?

Author: John Keane

Publisher: Cambridge University Press

ISBN: 9780521894623

Category: Political Science

Page: 220

View: 5795

Amid fears of terrorism, rising tides of xenophobia, and protests, John Keane explores the contradictory arguments and traces the historical origins, contemporary meanings and political potential of globalization. Defending the idea of a global civil society, Keane stresses the need for new democratic ways of living and demonstrates how it is linked with such developments as turbocapitalism, social movements and the political institutions of "cosmocracy." Keane's provocative reflections in Global Civil Society? draw upon a variety of scholarly sources and offer a fresh perspective on contemporary political thinking and new global problems. John Keane was born in Australia and educated at the Universities of Adelaide, Toronto and Cambridge. He is Professor of Politics at the University of Westminster. In 1989, he founded the Centre for the Study of Democracy. His most recent work is a study of power, Václav Havel: A Political Tragedy in Six Acts (Basic Books, 1999). His other books include Civil Society: Old Images, New Visions (Stanford, 1998), Democracy and Civil Society (Verso Books, 1998), Reflections on Violence (Verso Books, 1996), the prizewinning Tom Paine: A Political Life (Little Brown, 1995), and The Media and Democracy (Blackwell, 1991). He has been awarded many fellowships and research grants and has lectured throughout the world; he often appears on radio and television and is a regular contributor to The Times Literary Supplement. Currently he is writing a full-scale history of democracy.
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Civil Society and International Governance

The Role of Non-State Actors in the EU, Africa, Asia and Middle East

Author: David Armstrong,Reader in Sociology as Applied to Medicine at Guy's King's and St Thomas' Medical School David Armstrong,Valeria Bello,Julie Gilson,Debora Spini

Publisher: Routledge

ISBN: 1136888942

Category: Political Science

Page: 224

View: 1821

A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. Structures and processes occurring within and between states are no longer the only – or even the most important - determinants of those political, economic and social developments and dynamics that shape the modern world. Many issues, including the environment, health, crime, drugs, migration and terrorism, can no longer be contained within national boundaries. As a result, it is not always possible to identify the loci for authority and legitimacy, and the role of governments has been called into question. Civil Society anf International Governance critically analyses the increasing impact of nongovernmental organisations and civil society on global and regional governance. Written from the standpoint of advocates of civil society and addressing the role of civil society in relation to the UN, the IMF, the G8 and the WTO, this volume assess the role of various non-state actors from three perspectives: theoretical aspects, civil society interaction with the European Union and civil society and regional governance outside Europe, specifically Africa, East Asia and the Middle East. It demonstrates that civil society’s role has been more complex than one defined in terms, essentially, of resistance and includes actual participation in governance as well as multi-facetted contributions to legitimising and democratising global and regional governance. This book will be of interest to students and scholars of political science, international relations, civil society, sociology, European politics and global governance.
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Critical Perspectives on the Crisis of Global Governance

Reimagining the Future

Author: S. Gill

Publisher: Springer

ISBN: 1137441402

Category: Political Science

Page: 246

View: 2588

The contributors highlight alternative imaginaries and social forces harnessing new organizational and political forms to counter and displace dominant strategies of rule. They suggest that to address intensifying economic, ecological and ethical crises far more effective, legitimate and far-sighted forms of global governance are required.
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Sustainable Development in International Law Making and Trade

International Food Governance and Trade in Agriculture

Author: Elisabeth Bürgi Bonanomi

Publisher: Edward Elgar Publishing

ISBN: 1784717274

Category: Business & Economics

Page: 464

View: 958

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.
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Governing Climate Change

Global Cities and Transnational Lawmaking

Author: Jolene Lin

Publisher: Cambridge University Press

ISBN: 110866105X

Category: Law

Page: N.A

View: 7948

Cities are no longer just places to live in. They are significant actors on the global stage, and nowhere is this trend more prominent than in the world of transnational climate change governance (TCCG). Through transnational networks that form links between cities, states, international organizations, corporations, and civil society, cities are developing and implementing norms, practices, and voluntary standards across national boundaries. In introducing cities as transnational lawmakers, Jolene Lin provides an exciting new perspective on climate change law and policy, offering novel insights about the reconfiguration of the state and the nature of international lawmaking as the involvement of cities in TCCG blurs the public/private divide and the traditional strictures of 'domestic' versus 'international'. This illuminating book should be read by anyone interested in understanding how cities - in many cases, more than the countries in which they're located - are addressing the causes and consequences of climate change.
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Law Making Under the Trade Constitution:A Study in Legislating by the World Trade Organization

Author: Gail Evans

Publisher: Kluwer Law International

ISBN: 9041198067

Category: Business & Economics

Page: 282

View: 7184

This work lays the foundation for an empirical understanding of the WTO constitution as a response to the logic of intellectual property law. It concludes that the WTO and its institutions must find ways of conforming to the democratic principles of accountability, transparency and representation.
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Research Handbook on Global Administrative Law

Author: Sabino Cassese

Publisher: Edward Elgar Publishing

ISBN: 1783478462

Category: Law

Page: 608

View: 5114

This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.
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Informal International Lawmaking

Author: Joost Pauwelyn,Ramses Wessel,Jan Wouters

Publisher: Oxford University Press

ISBN: 0199658587

Category: Law

Page: 549

View: 5522

Policy-makers, national administrations, and regulators engage in making laws without the formalities associated with treaties or customary law. This book analyses this informal international lawmaking and its impact on contemporary trends in international interaction, looking at the questions of accountability and effectiveness it raises.
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Gender Politics in Global Governance

Author: Mary K. Meyer,Elisabeth Prügl

Publisher: Rowman & Littlefield

ISBN: 9780847691616

Category: Political Science

Page: 315

View: 1444

This volume draws together a wide range of exciting new research that looks at the gendered nature of the institutions, practices, and discourses of global governance.
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Global Governance Diplomacy

The Critical Role of Diplomacy in Addressing Global Problems

Author: Jean-Robert Leguey-Feilleux

Publisher: Rowman & Littlefield

ISBN: 1442276592

Category: Political Science

Page: 280

View: 3294

This text examines how diplomacy serves global governance and how diverse international actors use it in the areas of peace and security, economic governance, social issues, human rights, and environmental protection. It explores “diplomacy at work” in policy issues relevant to the current debates in international politics.
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Private International Law and Global Governance

Author: Horatia Muir Watt,Diego P. Fernández Arroyo

Publisher: OUP Oxford

ISBN: 0191043389

Category: Law

Page: 350

View: 9446

Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
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Multilevel Governance of Global Environmental Change

Perspectives from Science, Sociology and the Law

Author: Gerd Winter

Publisher: Cambridge University Press

ISBN: 1107320844

Category: Law

Page: N.A

View: 9244

Originally published in 2006, this collection is the outcome of an interdisciplinary research project involving scholars in the fields of international and comparative environmental law, the sociology and politics of global governance, and the scientific study of global climate change. Earth system analysis as developed by the natural sciences is transferred to the analysis of institutions of global environmental change. Rather than one overarching supranational organisation, a system of 'multilevel' institutions is advocated. The book examines the proper role of industrial self-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance.
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Critical Legal Perspectives on Global Governance

Liber Amicorum David M Trubek

Author: Gráinne de Búrca,Claire Kilpatrick,Joanne Scott

Publisher: A&C Black

ISBN: 1782252886

Category: Law

Page: 482

View: 9809

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.
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International Law-making

Essays in Honour of Jan Klabbers

Author: Rain Liivoja,Jarna Petman

Publisher: Routledge

ISBN: 1135116059

Category: Law

Page: 384

View: 2923

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.
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Non-State Actor Dynamics in International Law

From Law-Takers to Law-Makers

Author: Cedric Ryngaert

Publisher: Routledge

ISBN: 1317086929

Category: Law

Page: 222

View: 2836

Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.
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Engaging Civil Society

Emerging Trends in Democratic Governance

Author: G. Shabbir Cheema,Vesselin Popovski

Publisher: United Nations University Press

ISBN: 9789280811889

Category: Philosophy

Page: 304

View: 5931

The rapid pace of globalisation has led to the increasing interdependence of member states of the United Nations to achieve sustainable development objectives, including the eradication of extreme poverty, environmental protection, access to basic services and livelihoods and the promotion of economic growth and opportunities. The book attempts to examine the changing roles of civil society in global and national governance. It identifies factors that influence the effectiveness of civil society in promoting democratic governance by addressing how the rapid pace of globalization has increased the interdependence of governments, the private sector, and civil society organisations.
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