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  • Hart Publishing, Oxford - Good books for lawyers
    origins of constitutional law Transconstitutionalism does not exist because a multitude of new constitutions have appeared but because other legal orders are now implicated in resolving basic constitutional problems A transconstitutional problem entails a constitutional issue whose solution may involve national international supranational and transnational courts or arbitral tribunals as well as native local legal institutions Transconstitutionalism does not take any single legal order or type of order as a starting point or ultima ratio It rejects both nation statism and internationalism supranationalism transnationalism and localism as privileged spaces for solving constitutional problems The transconstitutional model avoids the dilemma of monism versus pluralism From the standpoint of transconstitutionalism a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity constitutional identity is rearticulated on the basis of alterity Rather than seeking a Herculean Constitution transconstitutionalism tackles the many headed Hydra of constitutionalism always looking for the blind spot in one legal system and reflecting it back against the many others found in the world s legal orders Marcelo Neves is Professor of Public Law and Legal Theory at the University of Brasilia He has previously taught and studied at the European University Institute in Florence the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464185 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    hard and soft laws official unofficial direct and indirect modes of regulation rules recommendations and principles as well as exploring the concept of governance through disclosure and transparency this book develops a theoretical framework of transnational legal regulation Rough Consensus and Running Code describes and analyses different law making regimes currently observable in the transnational arena Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule creators and compliance mechanisms that can no longer be clearly associated with either the state or the market The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm creation Gralf Peter Calliess LLB PhD G ttingen Habilitation Frankfurt holds the Chair in Private Law Comparative and International Economic Law University of Bremen Faculty of Law Professor Calliess is Director of the A4 Project New Forms of Legal Certainty in Globalized Exchange Processes at the Collaborative Research Centre Transformations of the State Peer Zumbansen Lic dr Paris LLB PhD law Habilitation Frankfurt Main LLM Harvard holds the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463546 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Moreover some organisations have created their own supranational constitutional systems the United Nations Charter is the best known and is often referred to as the World Constitution but the European Court of Justice in Luxembourg views the European Treaties as a Constitutional Charter for Europe while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of European public order It is in the dynamic relationship between domestic constitutional laws EU law the ECHR and the UN Charter that the most persistent difficulties arise In this context interordinal instability not only provokes strong academic interest but also affects what has been called governance or global government and undermines both legal certainty and individual fundamental rights Different solutions constitutionalist and pluralist have been explored but none of them has received global acceptance In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level focusing on three main strands of case law and their implications Solange Bosphorus and Kadi To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism which he calls interordinal constitutionalism as a means to bring order and stability to global legal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462211 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    metaphor of international law scholarship in the era of globalisation Some scholars see it as a new development others as history repeating itself some approach it as a technical issue and some as the reflection of deeper political struggles But there is near consensus about the fact that the established vision of international law as a unitary whole is under threat At the core of the fragmentation debate lies the concept of unity but this is hardly ever rationalised and is more assumed than explained Its meaning remains vague and intuitive The Concept of Unity in Public International Law attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law However eschewing one grand theory of unity it identifies and compares five candidates Intentionally pluralistic in its outlook the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Qu bec Mario

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460439 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    order and its underpinning in light of contemporary institutions and payment mechanisms the book traces the evolution of money payment mechanisms and the law that governs them from developments in Ancient Mesopotamia Ancient Greece Rome and Greco Roman Egypt through medieval Europe and post medieval England Doctrine is examined in Jewish Islamic Roman common and civil laws Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits obligations the assignment of debts and negotiable instruments the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity At the same time he challenges the idea of law merchant as a mercantile creation The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of law merchant The author points to deposit banking and emerging technologies as embodying a great potential for future non cash payment system growth However he recommends caution in predicting both the future of deposit banking and the overall impact of technology

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460521 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the mixed regulatory landscape of hard and soft laws official unofficial direct and indirect modes of regulation rules recommendations and principles as well as exploring the concept of governance through disclosure and transparency this book develops a theoretical framework of transnational legal regulation Rough Consensus and Running Code describes and analyses different law making regimes currently observable in the transnational arena Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule creators and compliance mechanisms that can no longer be clearly associated with either the state or the market The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm creation Gralf Peter Calliess LLB PhD G ttingen Habilitation Frankfurt holds the Chair in Private Law Comparative and International Economic Law University of Bremen Faculty of Law Professor Calliess is Director of the A4 Project New Forms of Legal Certainty in Globalized Exchange Processes at the Collaborative Research Centre Transformations of the State Peer Zumbansen Lic dr Paris LLB PhD law Habilitation Frankfurt

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139746 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    and constitutionalisation process comitology regulatory agencies and the Open Method of Co ordination The point of departure is the insight that the intergovernmental supranational distinction which most theories of European integration and constitutionalisation rely on has lost its strength A new paradigm of EU research is therefore needed Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalisation in Europe The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension characterised by legal and organisational hierarchy and a governance dimension which operates within a network form characterised by legal and organisational heterarchy The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society Instead of representing contradictory developments the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research Development Policy and the regulatory system for the EU chemicals market REACH The book

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460262 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    conceptualised as legal subjects for example in the context of accountability The position of organisations is complicated by what the author terms the institutional veil comparable to the corporate veil found in corporate law The book focuses on the law of treaties as this pre eminently horizontal branch of international law brings out the problem particularly clearly The first part of the book addresses the legal phenomenon of international organisations their legal features as independent concepts the history of international organisations and of legal thought in respect of them and the development of contemporary law on international organisations The second part deals with the practice of international organisations and treaty making It discusses treaty making practice within organisations judicial practice in interpretation of organisations constitutive treaties and the practice of treaty making by organisations The third and final part analyses the process by which international organisations have been brought under the rule of the written law of treaties offering a practical application of the conceptual framework as previously set out Part three is at the same time an analytic overview of the drafting history of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136349 (2016-02-13)
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