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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.
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.
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.
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