"'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order."--Provided by publisher.
First published 2005 by Ashgate Publishing.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
part, I The Multiplicity of Normative Communities chapter Introduction * chapter 1 The Folktales of Justice Tales of Jurisdiction * / Professor Robert M. Cover\n ** chapter 2 Legal Pluralism / Sally Engle Merry part, Territorial Sovereignty and the Internet chapter 3 Governing Cyberspace chapter 4 The Internet and the Abiding Significance of Territorial Sovereignty chapter 5 Against "Against Cyberanarchy" part, Transnational Law, 'Postnational' Citizenship and the Nature of State Power chapter 6 The Structural Rules of Transnational Law chapter 7 Multiple Nationality and the Postnational Transformation of Citizenship chapter 8 The Information Revolution and the Paradox of American Power 1 part, II Problems of Geographical Borders part, The Judicialization of International Law chapter 9 Turtles and Torturers The Transformation of International Law * chapter 10 The New Dispute Settlers (Half) Truths and Consequences chapter 11 Redefining Universal Jurisdiction chapter 12 The limits of idealism chapter 13 From unimaginable to possible Spain, Pinochet and the judicialization of power 1 part, Inculcating International Norms Into National Systems chapter 14 How Is International Human Rights Law Enforced? † chapter 15 Constructing a Global Law-Violence against Women and the Human Rights System chapter 16 Toward an Institutional Theory of Sovereignty part, Hybrid National/International Models chapter 17 Notes and Comments The Promise of Hybrid Courts chapter 18 The Development and Incorporation of International Norms in the Formation of Copyright Law part, III The Relationship Between the National and the International part, Networks of Governmental Actors chapter 19 The Accountability of Government Networks chapter 20 The Power of EU Collective Action The Impact of EU Data Privacy Regulation on US Business Practice part, Networks of Non-Governmental Actors chapter 21 The Ottawa Convention Banning Landmines, the Role of International Non-governmental Organizations and the Idea of International Civil Society chapter 22 Accounting for NGOs part, Compliance with International Norms in the Absence of International Law chapter 23 A Bottom-Up Approach to International Lawmaking The Tale of Three Trade Finance Instruments part, IV The Role of Transnational Governmental and Non-Governmental Actors.