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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


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


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


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


State Law without Its State

Karen Knop

in Law without Nations

Published in print:
2010
Published Online:
June 2013
ISBN:
9780804771696
eISBN:
9780804777223
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804771696.003.0003
Subject:
Law, Comparative Law

This chapter examines the phenomenon of “disembedded state law”—that is, law that, once freed from its origins and moorings in a system of domestic-national legality, comes to experience an afterlife ... 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


Why Think in Terms of Legal Systems

Thomas Schultz

in Transnational Legality: Stateless Law and International Arbitration

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199641956
eISBN:
9780191747793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641956.003.0007
Subject:
Law, Public International Law, Philosophy of Law

This chapter explores the relationships between the concept of a legal system and non-state law. It considers the question why the former (the concept of a legal system) is useful and even necessary ... 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 as Transnational Law

Fabien Gélinas

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0012
Subject:
Law, Private International Law, Company and Commercial Law

In examining trade usages in the transnational context, this chapter takes as its starting point the perspective of international commercial arbitration, where a narrow conception of usages has been ... More


Transnational Criminal Law and the Global Rule of Law

Valsamis Mitsilegas

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0003
Subject:
Law, Public International Law

Over the past three decades many regulatory measures aimed at countering transnational crime have been adopted. This article maps the development of these measures and examines their relationship ... More


The Culture of International Arbitration and The Evolution of Contract Law

Joshua D H Karton

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.001.0001
Subject:
Law, Private International Law

This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international ... More


Legality as Rhetorical Argument

Thomas Schultz

in Transnational Legality: Stateless Law and International Arbitration

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199641956
eISBN:
9780191747793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641956.003.0003
Subject:
Law, Public International Law, Philosophy of Law

This chapter begins by discussing some preliminaries relating to the way the label of law connects to the object it labels. It briefly concretizes an idea floated in the background of Chapter 1 about ... More


The Existing Accounts of the Lex Mercatoria

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0003
Subject:
Law, Company and Commercial Law, Private International Law

This chapter evaluates the key accounts of the lex mercatoria to select the most promising concept. Clive Schmitthoff adopted a wide view of the lex mercatoria and included all written measures, ... More


The Increasing Hybridization of International Monetary Law

Claus D. Zimmerman

in A Contemporary Concept of Monetary Sovereignty

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199680740
eISBN:
9780191760686
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680740.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter analyses the ongoing hybridization of contemporary international monetary law which covers a very broad phenomenon resulting from constant changes in the formal and material sources of ... More


Introduction

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0001
Subject:
Law, Private International Law

This introductory chapter sets out the book’s purpose, which is to explore two discrete subjects whose relationship is acknowledged but often underappreciated: contract law and international ... More


The Law Merchant and Choice of Law

H. Patrick Glenn

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0011
Subject:
Law, Private International Law, Company and Commercial Law

This chapter discusses the concept of usages as “law merchant,” in the traditional sense of informal or nonwritten commercial norms. It examines the role of the law merchant in transnational ... More


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