Globalisation, Law and the State

Globalisation, Law and the State begins-as is customary in globalisation literature-with an acknowledgement of the definitional difficulties associated with globalisation. Rather than labour the point, the book identifies some economic, political, and cultural dimensions of the phenomenon, and uses these to analyze existing and emerging challenges to State-centric/territorial models of law and governance. It surveys three areas that are typically associated with globalisation-financial markets, the internet, and public contracts-as well as commerce more generally, the environment, fundamental rights, and national governance. On this basis it considers how global legal norms are formed, how they enmesh with the norms of other legal orders, and how they create pressure for legal harmonisation. This, in turn, leads to an analysis of the corresponding challenges that globalisation presents to traditional notions of sovereignty and the models of public law that have grown from them. While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), the author provides a clear insight into how the sovereign space of States and their legal orders is diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by analysis of the theory and practice of the globalisation of law, and the suggestion that the workings of law in the global era can best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. Readers will find this book to be an immensely valuable, innovative, and concise study of globalisation and its effect on law and the state. [Subject: Constitutional & Administrative Law, European Law, International Law]Ëœ

Auby, Jean-Bernard

Foreign & International Law

Hart Publishing

Globalisation, Law and the State begins - as is customary in globalisation literature - with an acknowledgement of the definitional difficulties associated with globalisation. Rather than labour the point, the book identifies some economic, political and cultural dimensions to the phenomenon and uses these to analyse existing and emerging challenges to State-centric and territorial models of law and governance. It surveys three areas that are typically associated with globalisation - financial markets, the internet, and public contracts - as well as trade more generally, the environment, human rights, and national governance. On this basis it considers how global legal norms are formed, how they enmesh with the norms of other legal orders, and how they create pressure for legal harmonisation. This, in turn, leads to an analysis of the corresponding challenges that globalisation presents to traditional notions of sovereignty and the models of public law that have grown from them. While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), Globalisation, Law and the State provides a clear insight into how the sovereign space of States and their legal orders are diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by an analysis of the theory and practice of the globalisation of law, and a suggestion that the workings of law in the global era can best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. This book is an immensely valuable, innovative and concise study of globalisation and its effect on law and the state.

Reference

In a number of important decisions such as Stovin V. Wise, X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issues of tortious liability of statutory bodies. Following the HILL decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations. This study analyzes five leading English cases in a comparative and economic way and questions the validity of their assumptions as well as their arguments in the light of the recent important decision of the Strasgbourg Court of Human Rights in Osman v. UK. This thought-provoking book, written by two English academics from Foxford and Cambridge Universities, in collaboration with two leading authorities from the Universities of Paris and Munich, should provide food for thought for judges, practitioners, academics and students for years to come. This book will be essential reading for scholars and practitioners interested in public law, human rights, comparative methodology, and tort law.

The Tortious Liability of Statutory Bodies: A Comparative and Economic Analysis of Five Cases

Coester-Waltjen, Dagmar

Deakin, Simon

Markesinis, Basil S.

Business

Obra traducida del francés, en su segunda edición ya, y actualizada para la edición española. Resulta de singular interés, en razón de los temas que aborda, y de la madura reflexión que presenta. Se trata de una obra que combina con maestría el pensamiento y el dominio del Derecho positivo. Ocupa por todo ello un lugar preeminente entre las más relevantes aportaciones doctrinales europeas en torno al fenómeno de la globalización. Imprescindible en la formación del jurista, para obtener una visión profunda, un cuadro completo, ajeno a las simplificaciones.   

La Globalización, el Derecho y el Estado (Colección de Derecho Administrativo Global) (Spanish Edition)

Administrative Law

Global Law Press S.L.

L'ouvrage présente un panorama des questions majeures qui se posent dans les différents droits de la procédure administrative. The book gives an overview of the main issues encountered in the various national laws on administrative procedure. 
L'ouvrage présente un panorama des questions majeures qui se posent dans les différents droits de la procédure administrative. The book gives an overview of the main issues encountered in the various national laws on administrative procedure.

Droit comparé de la procédure administrative - Comparative Law of Administrative Procedure

BRUYLANT

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Books by Auby, Jean-Bernard

See the best price to sell, buy, or rent books by Auby, Jean-Bernard. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Globalisation, Law and the State

Globalisation, Law and the State

The Tortious Liability of Statutory Bodies: A Comparative and Economic Analysis of Five Cases

La Globalización, el Derecho y el Estado (Colección de Derecho Administrativo Global) (Spanish Edition)

Droit comparé de la procédure administrative - Comparative Law of Administrative Procedure