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As in all periods of swift economic development and political
upheaval, our era of globalization has brought corruption and
conflicts of interest into the spotlight. This comprehensive study
highlights the difficulties of devising global legislative and
judicial responses to these issues.The papers gathered in this
volume demonstrate how global regulations tend to meet strong
cultural resistance, in particular when dealing with the more
subtle patterns of conflicts of interest. It is a notion that is
far from successfully regulated in every country or addressed in
compatible ways. In fact, the comparisons offered demonstrate that
even international organizations such as the European Union have
failed to fully consolidate their systems for mitigating their own
risks of corruption and conflicts of interest. Providing a
comprehensive study of the phenomenon of corruption and conflicts
of interest from a comparative perspective, this book will prove
vital for academics, NGOs and practitioners. Contributors: S.A.
Aaronson, M.R. Abouharb, J.-B. Auby, M. Benedetti, E. Breen, E.
Chiti, E. D'Alterio, H. Delzangles, L. Folliot-Lalliot, D. Gordon,
G. Houillon, P. Lascoumes, Y. Marique, B.G. Mattarella, R.E.
Messick, C. Moser, T. Paris, T. Perroud, C. Rose, S. Rose-Ackerman,
P. Szarek Mason, C. Tansug, S. White
Globalisation, Law and the State begins - as is customary in
globalisation literature - with an acknowledgement of the
definitional difficulties associated with globalisation. Rather
than labour the point, the book identifies some economic, political
and cultural dimensions to the phenomenon and uses these to analyse
existing and emerging challenges to State-centric and territorial
models of law and governance. It surveys three areas that are
typically associated with globalisation - financial markets, the
internet, and public contracts - as well as trade more generally,
the environment, human rights, and national governance. On this
basis it considers how global legal norms are formed, how they
enmesh with the norms of other legal orders, and how they create
pressure for legal harmonisation. This, in turn, leads to an
analysis of the corresponding challenges that globalisation
presents to traditional notions of sovereignty and the models of
public law that have grown from them. While some of the themes
addressed here will be familiar to students of the European process
(there are prominent references to the European experience
throughout the book), Globalisation, Law and the State provides a
clear insight into how the sovereign space of States and their
legal orders are diminishing and being replaced by an altogether
more fluid system of intersecting orders and norms. This is
followed by an analysis of the theory and practice of the
globalisation of law, and a suggestion that the workings of law in
the global era can best be conceived of in terms of networks that
link together a range of actors that exist above, below and within
the State, as well as on either side of the public-private divide.
This book is an immensely valuable, innovative and concise study of
globalisation and its effect on law and the state.
Globalisation, Law and the State begins - as is customary in
globalisation literature - with an acknowledgement of the
definitional difficulties associated with globalisation. Rather
than labour the point, the book identifies some economic, political
and cultural dimensions to the phenomenon and uses these to analyse
existing and emerging challenges to State-centric and territorial
models of law and governance. It surveys three areas that are
typically associated with globalisation - financial markets, the
internet, and public contracts - as well as trade more generally,
the environment, human rights, and national governance. On this
basis it considers how global legal norms are formed, how they
enmesh with the norms of other legal orders, and how they create
pressure for legal harmonisation. This, in turn, leads to an
analysis of the corresponding challenges that globalisation
presents to traditional notions of sovereignty and the models of
public law that have grown from them. While some of the themes
addressed here will be familiar to students of the European process
(there are prominent references to the European experience
throughout the book), Globalisation, Law and the State provides a
clear insight into how the sovereign space of States and their
legal orders are diminishing and being replaced by an altogether
more fluid system of intersecting orders and norms. This is
followed by an analysis of the theory and practice of the
globalisation of law, and a suggestion that the workings of law in
the global era can best be conceived of in terms of networks that
link together a range of actors that exist above, below and within
the State, as well as on either side of the public-private divide.
This book is an immensely valuable, innovative and concise study of
globalisation and its effect on law and the state.
The contributions brought together in this book derive from joint
seminars, held by scholars between colleagues from the University
of Oxford and the University of Paris II. Their starting point is
the original divergence between the two jurisdictions, with the
initial rejection of the public-private divide in English Law, but
on the other hand its total acceptance as natural in French Law.
Then, they go on to demonstrate that the two systems have
converged, the British one towards a certain degree of acceptance
of the division, the French one towards a growing questioning of
it. However this is not the only part of the story, since both
visions are now commonly coloured and affected by European Law and
by globalisation, which introduces new tensions into our legal
understanding of what is "public" and what is "private".
Global Administrative Law has recently emerged as one of the most
important contemporary fields in public law scholarship. Concerned
with developing fuller understandings of patterns in global
governance, it represents one of the most insightful ways of
viewing the multifarious forms of public power that now exist
beyond the State. The present collection brings together some of
the leading scholars working in the field of global administrative
law to address past and future challenges related to global
governance. Each of the contributions picks up on the more general
theme of the values that do or should inform global administrative
law, and the book in this way provides a novel and
thought-provoking commentary on this most engaging area of debate.
Values in Global Administrative Law will be of interest to public
lawyers, social and political scientists and scholars of
international relations. It will also be an invaluable resource for
undergraduate and postgraduate courses that touch partly or
exclusively on the challenges of global governance.
In a number of important decisions such as Stovin v. Wise, X v.
Bedforshire, Barrett v. Enfield London Borough Council and others,
English courts have been forced to grapple with the important issue
of tortious liability of statutory bodies. Following the Hill
decision, they opted for a wide non-liability rule on a variety of
policy and economic efficiency grounds. Yet many of their arguments
have been considered and rejected by both German and French courts
when deciding factually equivalent situations.
This study analyses five leading English cases in a comparative
and economic way and questions the validity of their assumptions as
well as their arguments in the light of the recent important
decision of the Strasbourg Court of Human Rights in Osman v.
UK.
This thought-provoking book, written by two English academics
from Oxford and Cambridge Universities, in collaboration with two
leading authorities from the Universities of Paris and Munich,
should provide food for thought for judges, practitioners,
academics and students for years to come.
This book will be essential reading for scholars and
practitioners interested in public law, human rights, comparative
methodology, and tort law.
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