scholarly journals International Trade and Development Law: A Legal Cultural Critique

2011 ◽  
Vol 4 (2) ◽  
Author(s):  
Colin Picker
Keyword(s):  
International Trade ◽  
International Law ◽  
International Development ◽  
Effective Interaction ◽  
Legal Culture ◽  
Cultural Critique ◽  
Legal Systems ◽  
Legal Traditions ◽  
The World

To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub-traditions found within the hundreds of different legal systems spread across the globe. International law has, however, traditionally eschewed consideration of legal culture—arguing that international law is unique, is sui generis, and as such domestic legal traditions were not relevant. Yet, the humans involved in creating and nurturing international legal fields and institutions will themselves reflect the legal culture of their home states, and will often import aspects of those legal cultures into international law. The same must be true of international development law. In addition, international legal fields, such as international development law, must often work within domestic legal systems, and as such they will directly interact with the domestic legal traditions. It is thus important to understand the interaction between the legal cultures reflected in the relevant part of that international law and in that of the domestic legal system. Such an understanding can be useful in ensuring the effective interaction of the two systems. This paper explores these themes, continuing the author’s past and ongoing consideration of the role of legal culture in international law, including its role within institutions such as the World Trade Organization.

scholarly journals A RELAÇÃO ENTRE ESTADO E AS ENTIDADES PRIVADAS NA REGULAÇÃO DO COMÉRCIO INTERNACIONAL POR MEIO DOS REGULAMENTOS E PADRÕES PRIVADOS

2021 ◽  
Vol 16 (1) ◽  
pp. 201-220
Author(s):  
Patricia Yurie Dias
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Wto Dispute Settlement ◽  
Private Standards ◽  
Complementary Role ◽  
The World

RESUMOO trabalho analisa o papel complementar dos regulamentos e padrões privados dos Estados e das entidades não estatais às regras da Organização Mundial do Comércio (OMC) com o intuito de gerar maior segurança e qualidade para os produtos no âmbito do comércio internacional. A OMC visa promover a liberalização e eliminação da discriminação do comércio internacional. Dessa forma, por meio do estudo de alguns casos submetidos ao Órgão de Solução de Controvérsias (OSC) da OMC, em que pese a maioria dos casos submetidos ao OSC terem tido desfechos distintos, constatou-se que os padrões privados podem complementar as regras da OMC, desde que não sejam medidas protecionistas  disfarçadas de barreiras não tarifárias ao comércio internacional.PALAVRAS-CHAVE: Direito Internacional; Jurisdição Internacional; Padrões privados; Comércio Internacional; OMC.ABSTRACTThe paper examines the complementary role of the private regulations and standards of States and non-state entities to the rules of the World Trade Organization (WTO) in order to promote safety and quality for products in the scope of international trade. The WTO aims to promote the liberalization and elimination of discrimination in international trade. Thus, through the study of some cases submitted to the WTO Dispute Settlement Body (DSB), despite the fact that most cases submitted to the DSB had different conclusions, it was found that private standards can complement the rules of the WTO, if they are not protectionist measures disguised as non-tariff barriers to international trade.KEYWORDS: International Law; International Jurisdiction; Private Standards; International Trade; WTO.

Conclusions

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
International Law ◽  
Eu Law ◽  
World Heritage Convention ◽  
State Practice ◽  
The World ◽  
State Obligations ◽  
Made In ◽  
Landscape Protection

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.

The Struggle for Public Recognition: Understanding Early Marriage through the Lens of Honour and Shame in Six Countries in South Asia and West Africa

2020 ◽  
Vol 20 (4) ◽  
pp. 328-346
Author(s):  
Esther Miedema ◽  
Winny Koster ◽  
Nicky Pouw ◽  
Philippe Meyer ◽  
Albena Sotirova
Keyword(s):  
International Development ◽  
Female Sexuality ◽  
Social Economic ◽  
Early Marriage ◽  
Social Standing ◽  
Public Recognition ◽  
The World ◽  
Economic Future ◽  
Different Parts

There is a burgeoning body of research on the role of ‘shame’ and ‘honour’ in decisions regarding early marriage in different parts of the world. Conceptualizing shame and honour as idioms through which gendered socio-economic inequalities are created and maintained, we examine early marriage decisions in Bangladesh, Nepal, Pakistan, Ghana, Burkina Faso and Senegal. While we acknowledge the existence of important differences between countries in terms of the nature and manifestations of shame and honour, we argue that regardless of setting, neither shame and honour, nor female sexuality and chastity can be separated from the socio-economic hierarchies and inequalities. Thus, in this article we seek to identify the cross-cutting dynamic of marriage as a means to overcome the shame associated with young single women’s sexuality, protecting family honour and social standing, and/or securing young women’s social-economic future. Building on our data and available scholarship, we question the potential of emphasizing ‘choice’ as a means of reducing early marriage and advancing women’s emancipation in international development efforts. Instead, we argue in favour of initiatives that engage with young people and caregivers on the ways in which, at grassroot levels, communities may revise narratives of respectability, marriageability and social standing.

Customary International Law

2021 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Keyword(s):  
General Practice ◽  
International Law ◽  
Complex Relationship ◽  
Customary International Law ◽  
Progressive Development ◽  
The World ◽  
International Law Commission ◽  
Law Commission

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

scholarly journals International Trade in Goods and Services: Aspects of Monetary and Financial Relations

2020 ◽  
Vol 19 (4) ◽  
pp. 40-49
Author(s):  
E.V. Potekhina ◽  
◽  
A.D. Efremova ◽  
Keyword(s):  
International Trade ◽  
Exchange Rate ◽  
World Economy ◽  
International Division ◽  
Goods And Services ◽  
Number Of Factors ◽  
The World ◽  
The Russian Federation ◽  
National Economies

the article examines such topical problems of the world economy as the peculiarities of interaction between the subjects of the world economy, international trade, international monetary and financial relations, the role of the exchange rate for national economies. The issues of the national economy of the Russian Federation and the degree of the country’s participation in the international division of labor and its openness are considered. In this paper, using the example of Russia, the export of goods and services is analyzed, its relationship with a number of factors (exchange rate and oil price), where the main tools are methods of statistical and econometric analysis.

2. Legal systems and sources of law

2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
International Law ◽  
Common Law ◽  
Civil Law ◽  
Case Law ◽  
Potential Effect ◽  
Legal Systems ◽  
Public And Private ◽  
England And Wales ◽  
The World ◽  
The Status

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

Islamic Law and International Law

2019 ◽  
pp. 86-124
Author(s):  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Analogical Reasoning ◽  
Islamic Law ◽  
Religious Affiliation ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
And Gender ◽  
Role Of Religion

This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these legal traditions, their co-evolution, and the academic conversations on this topic. The chapter also addresses the Islamic milieu’s contributions to international law, and sources of Islamic law including the Quran, sunna, judicial consensus, and analogical reasoning. It talks about the role of religion in international law. Mapping the specific characteristics of Islamic law and international law offers a glimpse of the contrasting and similar paradigms, spirit, and operation of law. This chapter identifies three points of convergence: law of scholars, customary law, and rule of law; as well as three points of departure: relation between law and religion, sources of law, and religious features in the courtroom (religious affiliation and gender of judges, holy oaths).

scholarly journals The work of economics: how a discipline makes its world

2005 ◽  
Vol 46 (2) ◽  
pp. 297-320 ◽  
Author(s):  
Timothy Mitchell
Keyword(s):  
International Development ◽  
Natural Experiment ◽  
The United States ◽  
Think Tanks ◽  
Government Policies ◽  
Development Programs ◽  
Social Agents ◽  
The Social ◽  
The World

What is the work of economics? How does it operate to establish facts and make them stable? Is it sometimes able to use the world as a laboratory? If so, what measures are necessary to organize the world as a laboratory for economic experiments? To what extent do these measures rely upon the efforts of nonacademic economists, and of other social agents and arrangements including think tanks, government policies, development programs, NGOs, and social movements? A recent “natural experiment” using the social world as a laboratory, carried out in Peru, produced remarkable results, enthusiastically received by economists in the United States and by international development agencies. The paper examines the work of organizing the socio-technical world required to produce this knowledge, the curious kind of facts that were produced, the connections among those involved in this work, in particular the organized work of the neoliberal movement, and the role of the new facts in making possible further efforts at economic experimentation.

Legal Perspectives

2008 ◽  
pp. 57-81
Author(s):  
José E. Alvarez
Keyword(s):  
International Law ◽  
International Organizations ◽  
Religious Faith ◽  
Legal Culture ◽  
Law Schools ◽  
The World ◽  
World Organization ◽  
Global Reach

This article provides a summary of the author's writing and teaching at several well-known law schools. The article addresses how the international organizations with a global reach have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. It also notes the disappearance of a rather religious faith in law and multilateral approaches that had become characteristic of the legal culture among those who helped design the world organization in the 1940s.

Sign in / Sign up

Export Citation Format

Share Document