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Transnational Law and State Transformation - The Case of Extractive Development in Mongolia (Paperback)
Loot Price: R1,221
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Transnational Law and State Transformation - The Case of Extractive Development in Mongolia (Paperback)
Series: Law, Development and Globalization
Expected to ship within 12 - 17 working days
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This book contributes new theoretical insight and in-depth
empirical analysis about the relationship between transnational
legality, state change and the globalisation of markets. The role
of transnational economic law in influencing and reorganising
national systems of governance evidences the constitutional
dimensions of global capitalism: the power to institute new rules
and limits for national states. This form of new constitutionalism
does not undermine the state but transforms it by eroding national
capacities and implanting global alternatives. While leading
scholars in the field have emphasised the much-needed value of case
studies, there are no studies available which consider the
cumulative impact of multiple axes of transnational legal ordering
on the national state or its constitution. This monograph addresses
this empirical gap, whilst expanding the theoretical scope of the
field. Mongolia's recent transformation as a mineral-exporting
country provides a rare opportunity to witness economic and legal
globalisation in process. Based on careful empirical analysis of
national law and policy-making, the book traces the way distinctive
processes of transnational legal ordering have reorganised and
reframed the governance of Mongolia's mining sector, specifically
by redistributing state power in relation to the market,
sub-national administrations and civil society. The book
investigates the role of international financial institutions,
multinational corporations and non-governmental organisations in
normative transmission, as well as the critical role of national
actors in embedding transnational investment norms within the
domestic legal and policy environment. As the book demonstrates,
however, the constitutional ramifications of transnational legal
ordering extend beyond the mining regime itself into more
fundamental questions of the trajectory of state transformation,
institutionally and ideologically. The book will be of interest to
scholars of international law, global governance and the political
economy of development.
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