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Individualism: An Essay on the Authority of the European Union

Alexander Somek

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.001.0001
Subject:
Law, Philosophy of Law, EU Law

This new and innovative study explains that a transnational regime is based on a conception of citizenship that is different from the conception underlying a constitutional democracy. Citizens are ... More


Introduction—Comparative Law as Transnational Law: A Decade of the German Law Journal

Russell A. Miller and Peer C. Zumbansen

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0012
Subject:
Law, Public International Law

This introductory chapter begins with a description of the July 2009 conference marking the first decade of the German Law Journal (GLJ). The conference was convened under the title, “The ... More


Comparative Law as Transnational Law: A Decade of the German Law Journal

Russel A. Miller and Peer C. Zumbansen (eds)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.001.0001
Subject:
Law, Public International Law

This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In recognizing the lack of ... More


Private v Private: Transnational Private Law and Contestation in Global Economic Governance

Robert Wai

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0003
Subject:
Law, Private International Law, Constitutional and Administrative Law

The chapter considers transnational private law and private ordering as venues for contestation in economic governance. Various factors have reduced the effectiveness and legitimacy of public law ... More


Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Nicole Roughan

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671410
eISBN:
9780191751783
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671410.001.0001
Subject:
Law, Philosophy of Law

This book offers a novel theory of legitimate authority to explain interactions and relationships between state, transnational, international, or other pluralist legal orders. It argues that such ... More


Cosmopolitan Sources III: Institutional Cosmopolitanism

H. Patrick Glenn

in The Cosmopolitan State

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199682423
eISBN:
9780191762888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199682423.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the persistence of institutional cosmopolitanism, as manifested both in relation to religion and with respect to the international, the regional, and the transnational. The ... More


Theorizing Transnational Law—Observations on a Birthday †

Susanne Baer

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0015
Subject:
Law, Public International Law

There are many ways to theorize transnational law. As always, there is a mainstream, and there are side streams. However, it may be more interesting to consider from which direction such theories ... More


Public Law and the Emergence of the Political

Chris Thornhill

in After Public Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199669318
eISBN:
9780191749353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669318.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the relation between the construction of the modern political system and the emergence of public law. It argues that the political system developed through a triadic process of ... More


Globalization’s Law: Transnational, Global or Both?

Frank J. Garcia

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0003
Subject:
Law, Public International Law

This essay argues that the numerous competing accounts of law’s globality can be usefully sorted into two rubrics, transnational law and global law. By distinguishing law as output and process from ... More


Trade Usages and Implied Terms in the Age of Arbitration

Fabien Gélinas (ed.)

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.001.0001
Subject:
Law, Private International Law, Company and Commercial Law

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms, and the arbitrator often resolves the dispute by applying trade usages, either ... More


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