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Transnational Legal Theory最新文献

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Evolutionary dynamics of transnational private regulation. 跨国私人监管的演化动力学。
Transnational Legal Theory Pub Date : 2022-01-01 DOI: 10.1080/20414005.2023.2178143
Enrico Partiti, Stephanie Bijlmakers, Panagiotis Delimatsis
{"title":"Evolutionary dynamics of transnational private regulation.","authors":"Enrico Partiti,&nbsp;Stephanie Bijlmakers,&nbsp;Panagiotis Delimatsis","doi":"10.1080/20414005.2023.2178143","DOIUrl":"https://doi.org/10.1080/20414005.2023.2178143","url":null,"abstract":"<p><p>This article puts forward an approach to account for the evolution of transnational private rule-makers. Morphing of organisations, procedures, and rules is suggested as a key strength of various forms of private authority. Directing attention towards evolutionary dynamics, and their impact on the goals pursued by transnational private regulators, as well as on the implications for targets and beneficiaries of their rules, brings forward various implications of transnational private regulators. These implications include tensions between the complementary and competitive relations between public and private authority, and question the capacity of the former to effectively enrol, steer and influence the latter. The article discusses the role of regulatory and organisational crises as catalysts for the emergence and evolution of transnational private rule-makers, and how crises affect the relation between public and private regimes. Finally, we reflect on possible competitive challenges that emerge by employing a dynamic perspective to transnational private regulation.</p>","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 4","pages":"431-465"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/03/e2/RTLT_13_2178143.PMC10041973.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9590293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Parent company liability in transnational human rights disputes: an interactional model to overcome the veil in home state courts 跨国人权纠纷中的母公司责任：一个在母国法院揭开面纱的互动模式
Transnational Legal Theory Pub Date : 2021-10-02 DOI: 10.1080/20414005.2022.2030646
Hassan Ahmad
{"title":"Parent company liability in transnational human rights disputes: an interactional model to overcome the veil in home state courts","authors":"Hassan Ahmad","doi":"10.1080/20414005.2022.2030646","DOIUrl":"https://doi.org/10.1080/20414005.2022.2030646","url":null,"abstract":"ABSTRACT Recent decisions by common law home state courts have interpreted corporate separateness in a way that actually or, otherwise, effectively bars host state victims from compensatory tort remedies from transnational corporation (TNC) parent companies. Taking into account other proposals, this article suggests an interactional model to pierce the veil to more routinely allow for parent company liability in claims that concern fundamental human rights violations. Under that model, home state courts would prioritise capital flows between a parent company and host state corporations by asking a single question: Does the parent company derive profits from operations in a host state? To substantiate the need for an interactional model in light of increasing transnationalisation and the primacy of fundamental human rights, this article utilises the analytical lens of the New Legal Realism as well as normative hierarchy principles recently put forward by the Supreme Court of Canada in Nevsun.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"501 - 526"},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49400901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Arms exports to conflict zones and the two hats of arms companies 向冲突地区出口武器和军火公司的双重责任
Transnational Legal Theory Pub Date : 2021-10-02 DOI: 10.1080/20414005.2022.2028472
Hiruni Alwishewa
{"title":"Arms exports to conflict zones and the two hats of arms companies","authors":"Hiruni Alwishewa","doi":"10.1080/20414005.2022.2028472","DOIUrl":"https://doi.org/10.1080/20414005.2022.2028472","url":null,"abstract":"ABSTRACT Arms companies wear two hats: they act as businesses and are also expected to behave as socially responsible actors. These hats are not of equal size; the former is often much larger and conceals the latter. But a lack of visibility does not mean the existence of the smaller hat can be easily ignored. In this paper, the responsibilities of arms companies for the export of arms to conflict zones are examined. It is argued that the two hats that arms companies wear necessitates a reassessment of their responsibilities. It is suggested that due diligence obligations should be harnessed to enhance the discrete responsibilities of arm companies, thereby recalibrating how responsibilities should apply to actors intimately linked with the state apparatus, and minimising the potential for the business interests to subvert the role of arms companies as socially responsible actors.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"527 - 549"},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43650232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Towards global public trust doctrines: an analysis of the transnationalisation of state stewardship duties 走向全球公共信任理论：国家管理职责的跨国化分析
Transnational Legal Theory Pub Date : 2021-10-02 DOI: 10.1080/20414005.2021.2006030
Joseph Orangias
{"title":"Towards global public trust doctrines: an analysis of the transnationalisation of state stewardship duties","authors":"Joseph Orangias","doi":"10.1080/20414005.2021.2006030","DOIUrl":"https://doi.org/10.1080/20414005.2021.2006030","url":null,"abstract":"ABSTRACT Public trust doctrines (PTDs) provide that natural resources, like air, trees and water, are common, shared property among citizens and therefore nation states should perpetually steward them. This article contributes a new conceptual framework for analysing and applying PTDs against global environmental issues. First, based on a review and synthesis of public trust scholarship, laws and judgments, an overview of PTDs across sub-national, national and international levels is provided. Second, three internationalisation processes of PTDs are defined and analysed, including states: spreading PTDs into other national and international legal systems; applying related international principles; and ratifying treaties with public trust regimes. Third, three transnationalisation processes of PTDs are defined and analysed, including states: stewarding natural resources beyond their territories; stewarding natural resources for all Earth's inhabitants; and jointly stewarding natural resources with other states and organisations. This article concludes that global PTDs are emerging from recent legislation, litigation and treaties.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"550 - 586"},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45334652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
How Qatar’s migrant workers became FIFA’s Problem: a transnational struggle for responsibility 卡塔尔的移民工人如何成为国际足联的问题:一场跨国责任斗争
Transnational Legal Theory Pub Date : 2021-10-02 DOI: 10.1080/20414005.2022.2030633
A. Duval
{"title":"How Qatar’s migrant workers became FIFA’s Problem: a transnational struggle for responsibility","authors":"A. Duval","doi":"10.1080/20414005.2022.2030633","DOIUrl":"https://doi.org/10.1080/20414005.2022.2030633","url":null,"abstract":"ABSTRACT Since 2012, and the attribution of the organisation of its crown jewel (and cash cow) – the FIFA World Cup – to Qatar, the Fédération Internationale de Football Association (FIFA) has been facing public outrage. It has been accused of being linked to labour rights abuses suffered by the people who are literally building the World Cup in Qatar. This paper studies the transnational struggle aimed at forcing FIFA, a non-profit Swiss association, to take responsibility for these abuses and to use its leverage to remedy them. In particular, it highlights the legal and non-legal strategies used to turn the abuses faced by Qatar’s migrant workers into FIFA’s problem, it shows how FIFA used the UNGPs as a blueprint to frame its (limited) responsibility vis-à-vis those workers, and it assesses the (limited) impact of this acknowledgment of responsibility by FIFA.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"473 - 500"},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43792443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Transnational auditors, local workplaces and the law 跨国审计师，当地工作场所和法律
Transnational Legal Theory Pub Date : 2021-07-03 DOI: 10.1080/20414005.2021.2008763
P. Paiement
{"title":"Transnational auditors, local workplaces and the law","authors":"P. Paiement","doi":"10.1080/20414005.2021.2008763","DOIUrl":"https://doi.org/10.1080/20414005.2021.2008763","url":null,"abstract":"ABSTRACT Auditors of global supply chains play an influential role in determining what it means for manufacturing facilities to comply with both transnational standards as well as national and international labour laws. They exercise this role at the interface between the local context of labourers in a workplace governed by local and national laws, and the transnational context of private standards intended to govern global supply chains. This article utilises the concept of translocal legality to explore how auditors develop and deploy their authority and technical expertise to interpret questions about compliance with legal and private norms in global supply chains. It illustrates how auditors transform what it means to be compliant with legal requirements, and in doing so creates a distinction between acceptable and unacceptable types of risk to workers’ safety in the context of economic globalisation.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"390 - 414"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48463327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Illegalised and undeportable migrants as translocal legal subjectivities 作为跨国法律主体的非法和不可迁移移民
Transnational Legal Theory Pub Date : 2021-07-03 DOI: 10.1080/20414005.2021.2006029
G. Fabini
{"title":"Illegalised and undeportable migrants as translocal legal subjectivities","authors":"G. Fabini","doi":"10.1080/20414005.2021.2006029","DOIUrl":"https://doi.org/10.1080/20414005.2021.2006029","url":null,"abstract":"ABSTRACT The mechanisms of border control display a transnational dimension, in which a variety of legal and normative orders affect the norm-making processes. The presence of unauthorised migrants in receiving societies reveals the emergence of new forms of normativity, produced by the interactions of local, national, supra-national, regional legal and normative processes. Mechanisms of border control can be better understood if we look at illegalised and undeportable migrants as translocal legal subjectivities, who are able to change the functioning of normative systems through their very existence as mobile subjects. Drawing from a case study of the interaction between the police and illegalised and undeportable migrants in Bologna (Italy), this article empirically assesses translocal legalities in the field of border control, and demonstrates how these encounters challenge an idea of law as based in the logic of sovereign authority, while opening new spaces of possible governance.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"442 - 472"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49170142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Translocal legalities: local encounters with transnational law 跨国法律:跨国法律在当地的遭遇
Transnational Legal Theory Pub Date : 2021-07-03 DOI: 10.1080/20414005.2021.2012368
Matthew C. Canfield, J. Dehm, M. Fassi
{"title":"Translocal legalities: local encounters with transnational law","authors":"Matthew C. Canfield, J. Dehm, M. Fassi","doi":"10.1080/20414005.2021.2012368","DOIUrl":"https://doi.org/10.1080/20414005.2021.2012368","url":null,"abstract":"ABSTRACT Recent scholarship on transnational law has emphasised how the proliferation and fragmentation of normative orders, legal forms, and transnational actors are transforming the nature and authority of law in the contemporary global context. This Introduction presents what we term translocal legalities—emergent forms of normativity that are constituted through grounded encounters with local and transnational legal practices, discourses, subjectivities, and forms of resistance. By coining this new term, we seek to shift the gaze of transnational legal scholarship away from a top-down mapping of the structures of global law. Centring our analysis on the phenomenology of the encounter, we develop an analytical and empirical approach to understanding these encounters by focusing on how law is constituted not solely within traditional legal organisations and institutions, but through the everyday practices, discourses, and subjectivities of those mediating local, national and transnational norms.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"335 - 359"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46066705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Strategic litigation in Brazil: exploring the translocalisation of a legal practice 巴西的战略诉讼：探索法律实践的跨国化
Transnational Legal Theory Pub Date : 2021-07-03 DOI: 10.1080/20414005.2021.2006560
M. Assis
{"title":"Strategic litigation in Brazil: exploring the translocalisation of a legal practice","authors":"M. Assis","doi":"10.1080/20414005.2021.2006560","DOIUrl":"https://doi.org/10.1080/20414005.2021.2006560","url":null,"abstract":"ABSTRACT This paper addresses the unfolding of translocal legal dynamics of power and resistance, examining the case of Brazilian people’s lawyering and its encounter with and appropriation of strategic litigation, highlighting what is gained and what is lost in the process. While strategic litigation has its historical roots in the Global North, as part of the movement of public interest litigation, it has increasingly become a translocal legal practice through its transnational diffusion, pushed by transnational actors such as universities, foundations, and international NGOs. As a translocal legal practice, strategic litigation is reshaped in its encounters with local scenarios, actors, and dynamics, and acquires new meanings and features as it is adapted to respond to local challenges. At the same time, the diffusion of the practice also transforms local legal styles of lawyering that adopt it, thus posing the question of how power and identity are negotiated in transnational legal encounters.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"360 - 389"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48957825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Translating global indigeneity into the Bedouin vernacular 将全球土著性翻译成贝都因方言
Transnational Legal Theory Pub Date : 2021-07-03 DOI: 10.1080/20414005.2021.2008730
Emma Nyhan
{"title":"Translating global indigeneity into the Bedouin vernacular","authors":"Emma Nyhan","doi":"10.1080/20414005.2021.2008730","DOIUrl":"https://doi.org/10.1080/20414005.2021.2008730","url":null,"abstract":"ABSTRACT This article explores how global indigeneity emerged among the Bedouin in the Israeli Negev Desert. This population - part of the Palestinian Arab minority and holders of Israeli citizenship - has been subjected to various attempts at settlement and, since the establishment of Israel, has experienced dispossession through denial of recognition of land title. Yet the appropriation of indigeneity remains quite recent, and has brought with it new complications and frictions as an identity consecrated in international law. This transnational socio-legal study traces how global indigeneity has been remade in the Bedouin vernacular. Working with Sally Merry's heuristic framework concerning how rights-based identities travel and translate, this study demonstrates how identities do not simply fit a preexisting reality but must be ‘translated' and ‘tried on’ in ways that demand new kinds of knowledge production and performances.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"415 - 441"},"PeriodicalIF":0.0,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46532813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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