Globalizing Justice : Critical Perspectives on Transnational Law and the Cross-Border Migration of Legal Norms

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  • Format: Hardcover
  • Copyright: 2010-05-01
  • Publisher: State Univ of New York Pr
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Globalization is a far-reaching and multifaceted phenomenon whose effects on law are just beginning to be appreciated fully. Globalizing Justice examines the effects of globalization on law and court systems in the developed and developing worlds. How has the global spread of legal norms changed the relationship between international, supranational, and national courts? How are transnational and international legal norms transmitted and received? The contributors utilize a variety of approaches: historical, comparative, normative, and empirical, to expose the extensive effects of globalization in areas such as human rights, universal criminal jurisdiction, citizenship, and national sovereignty. This volume sheds light on the global spread of information and the cross-border migration of legal ideas across the world to further open up the discussion of globalization in the social sciences.

Table of Contents

List of Tablesp. ix
Preface and Acknowledgmentsp. xi
Introductionp. 1
Transnational Influences on the U.S. Supreme Court
The U.S. Supreme Court's Use of Comparative Law in the Construction of Constitutional Rightsp. 7
Foreign Law in American Jurisprudence: An Empirical Studyp. 27
Foreign Law in Domestic Courts: Different Uses, Different Implicationsp. 45
The Rise of Transnational Criminal Jurisdiction
Legitimacy and the Exercise of Universal Criminal Jurisdictionp. 67
International and Transnational Law, Sovereignty, and Hegemonic Powerp. 83
The Promotion of International Criminal Law: Evaluating the International Criminal Court and the Apprehension of Indicteesp. 101
Transnational Influences on Rights, Citizenship, and Democratization
The Globalization of Human Rights Norms: Understanding the Opportunities and Limits of International Law and Transnational Activismp. 121
Rights and the Limits of Transnational Solidarity in Europep. 141
International imposition and Transmission of Democracy and the Rule of Law: Lessons from Central Americap. 161
The Role of International Actors in Promoting Rule of Law in Ugandap. 179
Transnational Law and the Boundaries of Sovereignty
Blurring Sovereignty: The Human Rights Act of 1998 and British Lawp. 201
Fundamental Rights, the European Court of Justice, and European Integrationp. 217
Spreading the Word: Australia's National Human Rights and Equal Opportunity Commission as Transnational Legal Entrepreneurp. 235
Judicial Globalization: How the International Law of Human Rights Changed the Argentine Supreme Courtp. 255
Conclusionp. 267
List of Contributorsp. 279
Indexp. 283
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