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Migration crisis, food crisis, economic crisis the most alarming
tendencies in our contemporary world are related to the
transnational social question. But what role does transnational law
play in this context: Does it exacerbate the asymmetries by
shielding the rich and exploiting the poor? Or is the emerging
regime of international social human rights a promising candidate
for countering the crisis of world society?This book scrutinises
both the potentials and the boundaries of de-coupling the notion of
"social rights" from the nation-state and of transferring it to the
transnational sphere. By drawing on a critical theory of
transnational law, it provides in-depth analyses of the different
sites where the struggle for social rights is at stake, such as the
emerging transnational food regime, the ILO, international
environmental law and the accountability of private actors. It
reveals enforcement structures, discusses judicial doctrine and
relates these aspects to the social and political struggles which
surround the transnationalisation of social rights.
This collection of innovative contributions to the study of legal
pluralism in international and transnational law focuses on
collisions and conflicts between an increasing number of
institutional and legal orders, which can manifest themselves in
contradictory decisions or mutual obstruction. It combines
theoretical approaches from a variety of disciplines with
theoretically informed case studies in order to further
understanding of the phenomenon of regime collisions. By bringing
together scholars of international law, legal philosophy, the
social sciences and postcolonial studies from Latin America, the
United States and Europe, the volume demonstrates that collisions
between various institutional and legal orders affect different
regions in different ways, highlights some of their problematic
consequences, and identifies methods of addressing such collisions
in a more productive manner.
This collection of innovative contributions to the study of legal
pluralism in international and transnational law focuses on
collisions and conflicts between an increasing number of
institutional and legal orders, which can manifest themselves in
contradictory decisions or mutual obstruction. It combines
theoretical approaches from a variety of disciplines with
theoretically informed case studies in order to further
understanding of the phenomenon of regime collisions. By bringing
together scholars of international law, legal philosophy, the
social sciences and postcolonial studies from Latin America, the
United States and Europe, the volume demonstrates that collisions
between various institutional and legal orders affect different
regions in different ways, highlights some of their problematic
consequences, and identifies methods of addressing such collisions
in a more productive manner.
The commemorative publication Sociological Jurisprudence adheres in
content and form to the tradition of Gunther Teubnera (TM)s body of
work. The contributions engage themselves with his principle
outlook by reflecting upon the relationships between law and
society, each with its own distinct emphasis.
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