Transnationalisation and Legal Actors: Legitimacy in Question, 1st Edition (Hardback) book cover

Transnationalisation and Legal Actors

Legitimacy in Question, 1st Edition

Edited by Bettina Lemann Kristiansen, Katerina Mitkidis, Louise Munkholm, Lauren Neumann, Cécile Pelaudeix

Routledge

254 pages | 1 B/W Illus.

Purchasing Options:$ = USD
Hardback: 9781138346970
pub: 2019-06-14
SAVE ~$28.00
$140.00
$112.00
x
eBook (VitalSource) : 9780429437151
pub: 2019-06-10
from $24.98


FREE Standard Shipping!

Description

Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

Table of Contents

1 Introduction;

Lauren Neumann and Kateřina Mitkidis;

PART I – TRANSNATIONAL TENDENCIES IN LAW;

2 Five Theses on the Dialectic of Unity and Plurality in Postnational Law;

Kaarlo Tuori;

3 The Politics of Transnational Law;

Thomas Gammeltoft-Hansen and Tanja Aalberts;

4 Transnationalism in the Arctic Ocean: Legitimacy Strategies of the Inuit Circumpolar Council, the European Union and China;

Cécile Pelaudeix;

5 Transnational Ecosystem-based Norms covering the Danish/Greenlandic;

Arctic Marine Area;

Ellen Margrethe Basse;

6 Brexit: A Note on the EU’s Interlegality;

Reza Banakar;

7 Beyond Nations and Continents? Harmony and Solidarity as Common;

Endeavours in a Digital Era of Populism, Propaganda and Fiction?;

Hanne Petersen;

PART II – DEVELOPING REGULATORY LEGITIMACY UNDER TRANSNATIONALISATION;

8 Development of Transnational Contract Law?;

Kateřina Mitkidis;

9 Towards the Participation of a Global Public in Transnational Law-making? Everyday ICT Platforms as Legitimacy Opportunities for Bottom-up Governance;

Karin Buhmann and Sameer Azizi;

10 Pushing Back International Human Rights Law – Counter Reaction to Transnational Law?;

Jens Vedsted-Hansen;

11 Balancing Legal Obligations in Europe’s Cooperation with Libya in the Fight against Migrant Smuggling;

Fenella M.W. Billing and Nikolas Feith Tan;

PART III – APPLICATION, ENFORCEMENT AND THE CHALLENGES OF LEGITIMACY;

12 Enforcing Transnational Labour Law in Local Contexts;

Louise Munkholm;

13 The Principle of Equality as a Transnational Principle;

Natalie Videbæk Munkholm and Christian Højer Schjøler;

14 How Domestic Courts May Shape International Commercial Law Norms;

Thomas Neumann;

15 Transnational Religious Law – Exemplified by the United Methodist Church;

Lisbet Christoffersen;

16 Is Formality Legitimacy? Defining the Obligations of Non-State Armed Groups;

Lauren Neumann;

CONCLUSION;

17 Transnationalisation and Legal Actors: Legitimacy in Question;

Louise Munkholm, Cécile Pelaudeix and Bettina Lemann Kristiansen;

About the Editors

Bettina Lemann Kristiansen is Professor of Sociology of Law at the Department of Law, BSS, Aarhus University. Her research interests focus on sociology of law, access to justice, legal aid, legal adjudication by non-lawyers and general tendencies in law (especially welfare regulation), such as globalisation, digitalisation and pluralism.

Katerina Mitkidis is Associate Professor at the Department of Law, BSS, Aarhus University. Her research interests cover sustainability and law, international law of contracts, international environmental law and pharmaceutical law. She is interested in the use of private law tools to advance public interests.

Louise Munkholm is Postdoctoral Fellow at the Department of Law, BSS, Aarhus University. Her research interests include sociology of law and legal cultures with focus on the local enforcement of international and national labour law.

Lauren Neumann is PhD candidate at the Department of Law, BSS, Aarhus University. Her research interests include the law of armed conflict, international human rights law, and the law relating to displacement.

Cécile Pelaudeix is Research Associate at PACTE Sciences Po Grenoble. Her research interests include international law and international politics with emphasis on environmental governance in the EU and in the Arctic region.

About the Series

Globalization: Law and Policy

Globalization: Law and Policy
Globalization: Law and Policy builds an integrated body of scholarship that critically addresses key issues and theoretical debates in comparative and transnational law. Volumes in the series focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification, and democratization of law among increasingly connected political, economic, religious, cultural, ethnic, and other functionally differentiated governance communities. Legal systems, their harmonization and incorporation in other governance orders, and their relationship to globalization are taking on new importance within a coordinated network of domestic legal orders, the legal orders of groups of states, and the governance frameworks of non-state actors. These legal orders engage a number of important actors, sources, principles, and tribunals”including multinational corporations as governance entities, contract and surveillance as forms of governance that substitute for traditional law, sovereign wealth funds and other new forms of state activity, hybrid supra national entities like the World Bank and the International Monetary Fund, and international tribunals with autonomous jurisdiction, including the International Criminal Court, the World Trade Organization, and regional human rights courts. The effects have been profound, especially with respect to the role of states, and especially of the United States as its long time position in global affairs undergoes significant change. Comparative and transnational law serve as natural nexus points for vigorous and sometimes interdisciplinary approaches to the study of state and non-state law systems, along with their linkages and interactions. The series is intended as a resource for scholars, students, policy makers, and civil society actors, and includes a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW013000
LAW / Civil Rights
LAW016000
LAW / Comparative
LAW018000
LAW / Constitutional
LAW051000
LAW / International
LAW052000
LAW / Jurisprudence
LAW109000
LAW / Government / General