Books

In recent years the concepts of "transnational law" and "governance" have been explored by both scholars and practitioners with the terms taking on new meaning and significance, particularly in light of the ongoing economic crisis and a corresponding critical reappraisal of global institutional structures and governance.Transnational law covers a broad theoretical definition which includes studies emerging from disciplines such as international law, comparative law, international economic law and administrative law undertaken by legal scholars but also features extensive research undertaken by scholars from other disciplines, including but not limited to, political sciences, international relations, public administration, sociology, history, philosophy and geography. Recent work has offered up critical evaluations of the current system of governance and transnational rules as being often implemented by Western countries through categories which no longer accurately represent Western economies and are even less relevant to non-Western systems which are becoming increasingly important in the global economy. Governance in particular is now seen as important when we refer to the general stability of the markets, to good faith and other key principles which are fundamental to the notion of a fair market which is responsive to the needs of governments and citizens as well as businesses.This multidisciplinary series aims to provide a home for research exploring these issues. It features cutting-edge works which critically analyse the relationship between governance, institutions and law from a variety of disciplinary perspectives.

Series Editor: Paolo Davide Farah

We are welcoming new book proposal for gLAWcal Book Series with Routledge (New York/London).

Submit your proposal!

The Crisis of Multilateral Legal Order: Causes, Dynamics and Implications

Lukasz Gruszczynski, Marcin Menkes, Veronika Bilkova

Paolo Davide Farah

Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.

Global Values and International Trade Law

Csongor István Nagy

Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.

Technocracy and the Law: Accountability, Governance and Expertise

Alessandra Arcuri and Florin Coman-Kund

Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decision making and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.

The Transnationalization of Anti-Corruption Law

Régis Bismuth, Jan Dunin-Wasowicz and Phil Nichols

The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics

Winfried Huck, Stephen Hardy and Alicia Elias Roberts

Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework. Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today, therefore the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the sustainable development goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.

Business and Human Rights in Europe: International Law Challenges

Angelica Bonfanti

Transnational business activities are important drivers of growth for developing and least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted—also throughout their supply chains—and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and the European states have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters—written by scholars and practitioners under the direction of the Editor, Angelica Bonfanti—Business and Human Rights in Europe: International Law Challenges identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

Corporate Accountability under Socio-Economic Rights

Jernej LETNAR ČERNIČ

In the past decade, companies have become increasingly aware of their corporate, social and human responsibilities. However, with the exception of a few isolated cases, access to justice has barely improved, particularly for or violations of socio-economic rights. In most cases of human rights violations by corporations the victims remain without the right to effective judicial protection. International law does not currently allow for the possibility of enforcing corporate responsibility for human rights, leaving victims to attempt to seek recourse in often inefficient and reluctant domestic courts. This book asks how should transnational and other corporations most effectively respect and protect human rights without compromising their primary business objectives? The book identifies and analyses the theoretical foundations and the existing scope and nature of corporate accountability arising from economic and social rights at the international and national levels. Through careful analysis Jernej Letnar Cernic exposes the stark reality of the need for greater clarity in the socio-economic obligations and accountability of corporations. The book goes on to put forward a normative framework for corporate accountability for socio-economic rights in national legal orders building on existing mechanisms.

Sustainability and Peaceful Coexistence for the Anthropocene

Pasi Heikkurinen

The rapid industrialization of societies has resulted in radical changes to the Earth’s biosphere and its local ecosystems. Climate scientists have recorded and forecasted worrying global temperature rises going back to the early twentieth century, while biologists and palaeontologists have suggested that the next mass extinction is on its way if the current rate of species loss continues. To avert further ecological damage, excessive natural resource use and environmental deterioration are challenges that humanity must deal with now. The human species has had such a significant impact on the natural environment that the present geological epoch can be referred to as the ‘Anthropocene’, the age of humans. The blame and responsibility for the prevailing unsustainability, however, cannot be assigned equally to all humans. To analyse the root problems and consequences of unsustainable development, as well as to outline rigorous solutions for the contemporary age, this transdisciplinary book brings together natural and social sciences under the rubric of the Anthropocene. The book identifies the central preconditions for social organization and governance to enable the peaceful coexistence of humans and the non-human world. The contributors investigate the burning questions of sustainability from a number of different perspectives including geosciences, economics, law, organizational studies, political theory and philosophy. The book is a state-of-the-art review of the Anthropocene debate and provides crucial signposts for how human activities can, and should, be changed.

A Radically Democratic Response to Global Governance

Margaret Stout and Jeannine M. Love

This book presents a critique of dominant governance theories grounded in an understanding of existence as a static, discrete, mechanistic process, while also identifying the failures of theories that assume dynamic alternatives of either a radically collectivist or individualist nature. Relationships between ontology and governance practices are established, drawing upon a wide range of social, political, and administrative theory. Employing the ideal-type method and dialectical analysis to establish meanings, the authors develop a typology of four dominant approaches to governance. The authors then provide a systematic analysis of each governance approach, thoroughly unpacking and critiquing each one and exploring the relationships and movements among them that engender reform and revolution as well as retrenchment and obfuscation of power dynamics. After demonstrating that each governance approach has fatal flaws within a diverse global context, the authors propose an alternative they call Integrative Governance. As a synthesis of the ideal-types, Integrative Governance is neither individualist nor collectivist, while still maintaining the dynamic character required to accommodate responsiveness to cultural contexts.

This series provides a new focus on the relationship between international law, economy and trade, with special attention to what are commonly referred to as non-trade-related values and concerns. Through research and policy analysis the series sheds new light on a range of issues relating to good governance and human rights in the widest sense. It is held that the values supporting these issues are directly affected by the global expansion of world trade and need to be upheld in order to balance the excesses of globalization. Multidisciplinary in approach, the series integrates studies from scholars and researchers with a range of different backgrounds and interdisciplinary expertise from law, economics, political science, and sociology through to history, philosophy and natural science.

Series Editor: Paolo Davide Farah

We are welcoming new book proposal for gLAWcal Book Series with Routledge (New York/London).

Submit your proposal!

Integrative Governance Generating Sustainable Responses to Global Crises

Margaret STOUT and Jeannine M. LOVE

Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability—including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.

India’s Foreign Economic Policy: Deciphering the Law, Economics and Politics

Julien CHAISSE and Debashis CHAKRABORTY

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

The Reform of International Economic Governance

Antonio Segura Serrano

The second half of the twentieth century saw the emergence of international economic law as a major force in the international legal system. This force has been severely tested by the economic crisis of 2008. Unable to prevent the crisis, the existing legal mechanisms have struggled to react against its direst consequences. This book brings together leading experts to analyse the main causes of the crisis and the role that international economic law has played in trying to prevent it, on the one hand, and worsening it, on the other. The work highlights the reaction and examines the tools that have been created by the international legal field to implement international cooperation in an effort to help put an end to the crisis and avoid similar events in the future. The volume brings together eminent legal academics and economists to examine key issues from the perspectives of trade law, financial law, and investment law with the collective aim of reform of international economic governance.

China’s Influence on Non-Trade Concerns in International Economic Law

Paolo D. Farah and Elena Cima

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

This series comprises three principal themes: the interaction of human and natural systems; cooperation and conflict; and the enactment of values. There is an underlying emphasis on the examination of complex systems and casual relations in political decision-making; problems of knowledge; authority, control and accountability in issues of scale; and the reconciliation of conflicting values and competing claims. The concentration throughout is on an integration of existing disciplines toward the clarification of political possibility as well as impending crises.

Series Editor:

Paolo Davide Farah Jim Whitman

Download PDF here

Forthcoming:

Titles in the Series:

Globalization, Environmental Law, and Sustainable Development in the Global South

Kirk W. Junker

Paolo Davide Farah

Routledge Publishing (New York/London)‍

This work categorically identifies the problems of globalization, wherein states have witnessed the gradual shift in the allocation and utilization of resources to becoming more private-centric, with unscrupulous exploitation of resources in an unplanned manner, with little or no regulatory intervention. The need for strengthening the legal framework of emerging economies is explicit, however, the problems associated therewith are multifarious and manifold.

Ethics and Politics of Space for the Anthropocene

Anu Valtonen, Outi Rantala and Paolo Davide Farah

Edward Elgar Publishing

Featuring an international, multidisciplinary set of contributors, this thought-provoking book reimagines established narratives of the Anthropocene to allow differences in regions and contexts to be taken seriously, emphasising the importance of localised and situated knowledge. Envisaging a narrative of change that renders visible the complex transformations taking place across the globe, this book outlines new and radical ways to address the current environmental crisis in a more sustainable and context-specific manner. It presents empirical studies from various contexts, highlighting the potentiality of non-Western knowledge, concepts and categories as well as recognising the entanglement of humans with other beings and ecosystems. In particular, it offers critical engagement with the debates around the Anthropocene by challenging the dominant techno-rational agenda that often prevails in socio-political and academic discussions. This book will be crucial reading for researchers and post-graduate students working in fields from human geography and tourism studies to law, public policy and administration, philosophy, politics and organisation studies who are dealing with intersecting issues of environment, sustainability, indigenous rights, space and ethics. It will also be helpful for policy makers and research consultants in leveraging localised solutions to the current ecological crisis.

中国在国际经济法上对非贸易关注问题的影响

Paolo Davide Farah （方仪中）

法律出版社（Law Press China）

本书的具体重点是分析中国的背景，以表明目前中国法律和政策对国际标准的趋势。同时，该项目使此重点溶入国际法的框架。有人认为，中国在此背景下可以发挥主导作用：中国不仅已采取了许多处理非贸易关注的改革和新法规，但它已经开始在关于非贸易关注的国际谈判发挥非常重要的作用。

Energy: policy, legal and social-economic issues under the dimensions of sustainability and security

Paolo Davide Farah, Piercarlo Rossi

Imperial College Press (United Kingdom) & World Scientific Publishing

Energy is a crucial issue for mankind. Especially in modern times, energy has been a factor of economic development and wealth. Today energy is strictly related with the notion of empowerment since energy allows any kind of contemporary life for humans: entertainment, work and protection. Consequently energy security is a top priority for national policies all over the world. Problems arising from climate change and depletion of natural resources are increasing the competition and collaboration among States around the energy production and supply. Sustainability of energy systems is then intertwined with the theme of security. Designed for scholar of different disciplines, the book encompasses several point of view about the different (although partially converging) approach to energy in European Union and Asian countries, considering the ever closer social and economic relations between Europe and Asia. The work also incorporates the state of affair at the transnational stage that originates from the international legal framework, mainly trade law, environmental law and investment law. Even through rapid changes about the political choices in the turmoil of the international arena, we believe that relations between Europe and Asia and the long term strategy on energy can be understood through the lens of three themes: the global demand and the policy questions; the level of trade under the international regulation of environment; and the role of innovation for the sustainability of energy systems. These three themes are developed in the three corresponding parts of the work. ‍

Books and book series

Series Editor:

Forthcoming:

Titles in the Series:

Fear and Uncertainty in Europe

The Return to Realism?

Editors: Roberto Belloni | Vincent Della Sala | Paul Viotti

25 January 2019

Resistance and Change in World Politics

International Dissidence

Editors: Svenja Gertheiss | Stefanie Herr | Klaus Dieter Wolf | Carmen Wunderlich

08 May 2018

Absence in Science, Security and Policy

From Research Agendas to Global Strategy

Editors: Brian Rappert (Professor of Science) | Brian Balmer (Professor of Science Policy Studies)

06 February 2016

Just and Unjust Interventions in World Politics

Public and Private

Authors: Catherine Lu

18 January 2016

Human Rights Protection in Global Politics

Responsibilities of States and Non-State Actors

Editors: K. Mills | D. Karp

15 January 2015

Strategic Nuclear Sharing

Authors: J. Schofield

21 January 2014

A Nuclear Weapons-Free World?

Britain, Trident and the Challenges Ahead

Authors: Nick Ritchie

29 October 2012

Clumsy Solutions for a Wicked World

How to Improve Global Governance

Authors: Marco Verweij

26 August 2011

Corporate Security Responsibility?

Corporate Governance Contributions to Peace and Security in Zones of Conflict

Editors: Nicole Deitelhoff | Klaus Dieter Wolf

13 January 2010

'Non-Lethal' Weapons

Authors: Neil Davison

17 June 2009

'The Chinese Century'?

The Challenge to Global Order

Authors: David Scott

23 October 2008

HIV/AIDS and the Threat to National and International Security

28 November 2006

Controlling Biochemical Weapons

Adapting Multilateral Arms Control for the 21st Century

Authors: Alexander Kelle | Kathryn Nixdorff | Malcolm Dando

26 May 2006

Eliminating Weapons of Mass Destruction

Prospects for Effective International Verification

Authors: Berhanykun Andemicael | John Mathiason

05 April 2005

Globalization and Health

An Introduction

Authors: Kelley Lee

09 December 2003

Making Urban Transport Sustainable

Editors: Nicholas Low | Brendan Gleeson

13 March 2003

Health Impacts of Globalization

Towards Global Governance

Authors: K. Lee

05 November 2002

Preventing Biological Warfare

The Failure of American Leadership

Authors: Malcolm R. Dando

10 May 2002

Biological Warfare Against Crops

Authors: Simon M. Whitby

01 January 2002

Global Environmental Policies

Institutions and Procedures

Editors: Ho-Won Jeong

28 September 2001

Conflict and Cooperation in Participating Natural Resource Management

Editors: Roger Jeffery | Bhaskar Vira