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Contested Regime Collisions
Norm Fragmentation in World Society

£79.99

Kerstin Blome, Andreas Fischer-Lescano, Hannah Franzki, Nora Markard, Stefan Oeter, Jeffrey L. Dunoff, Sebastian Oberthür, Lars Viellechner, Isabell Hensel, Gunther Teubner, Marcelo Neves, Larry Catá Backer, Sebastian Eickenjäger, Kolja Möller, Christoph Menke, Sonja Buckel, Johan Horst
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  • Date Published: May 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107126572

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  • 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, and highlights some of their problematic consequences and identifies methods of addressing such collisions in a more productive manner.

    • Combines theoretical and empirical studies to help readers learn about different theoretical approaches to the topic and their relevance for empirical research
    • Unites leading scholars from around the globe to provide state-of-the-art scholarship on the fragmentation of international law and regime collisions
    • Contributions from scholars of international law, legal philosophy, the social sciences and postcolonial studies ensure a wide range of different approaches to the topic
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    Product details

    • Date Published: May 2016
    • format: Hardback
    • isbn: 9781107126572
    • length: 396 pages
    • dimensions: 228 x 152 x 22 mm
    • weight: 0.7kg
    • availability: Available
  • Table of Contents

    Contested collisions: an introduction Kerstin Blome, Andreas Fischer-Lescano, Hannah Franzki, Nora Markard and Stefan Oeter
    Part I. Between Collisions and Interaction:
    1. Regime collisions from a perspective of global constitutionalism Stefan Oeter
    2. How to avoid regime collisions Jeffrey L. Dunoff
    3. Regime-interplay management: lessons from environmental policy and law Sebastian Oberthür
    4. Responsive legal pluralism: the emergence of transnational conflicts law Lars Viellechner
    Part II. Addressing Collisions: Regulation and Self-Regulation:
    5. Horizontal fundamental rights as conflict of laws rules: how transnational pharma-groups manipulate scientific publications Isabell Hensel and Gunther Teubner
    6. (Dis)solving constitutional problems: transconstitutionalism beyond collisions Marcelo Neves
    7. Governance polycentrism or regulated self-regulation: rule systems for human rights impacts of economic activity where national, private, and international regimes collide Larry Catá Backer
    8. Non-financial reporting for business enterprises: an effective tool to address human rights violations? Sebastian Eickenjäger
    Part III. Collisions Otherwise: Law and the Collision with Non-Legal Spheres:
    9. A critical theory of transnational regimes: creeping managerialism and the quest for a destituent power Kolja Möller
    10. Materialism of form: on the self-reflection of law Christoph Menke
    11. The dialectic of democracy and capitalism before the backdrop of a transnational legal pluralism in crisis Sonja Buckel
    12. Putting proportionality in proportion: whistleblowing in transnational law Andreas Fischer-Lescano
    13. On the critical potential of law – and its limits: double fragmentation of law in Chevron Corp. v. Ecuador Hannah Franzki and Johan Horst.

  • Editors

    Kerstin Blome, Universität Bremen
    Kerstin Blome is a postdoctoral researcher, mediator and communication trainer based in Bremen, Germany.

    Andreas Fischer-Lescano, Universität Bremen
    Andreas Fischer-Lescano is Professor of Public Law, European Law and International Law and Managing Director of the Centre of European Law and Politics at the University of Bremen, Germany.

    Hannah Franzki, Birkbeck College, University of London
    Hannah Franzki is reading for a PhD in Law at Birkbeck, University of London.

    Nora Markard, Universität Hamburg
    Nora Markard is Junior Professor of Public Law, International Law and Global Constitutionalism at the University of Hamburg, Germany.

    Stefan Oeter, Universität Hamburg
    Stefan Oeter is Professor of Public Law, International Law and Foreign Public Law at the University of Hamburg, Germany.

    Contributors

    Kerstin Blome, Andreas Fischer-Lescano, Hannah Franzki, Nora Markard, Stefan Oeter, Jeffrey L. Dunoff, Sebastian Oberthür, Lars Viellechner, Isabell Hensel, Gunther Teubner, Marcelo Neves, Larry Catá Backer, Sebastian Eickenjäger, Kolja Möller, Christoph Menke, Sonja Buckel, Johan Horst

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