Temporary Labour Migration in the Global Era
The Regulatory Challenges
Edited by Joanna Howe and Rosemary Owens
In the global era, controversies abound over temporary labour migration;
however, it has not previously been subjected to a sustained socio-legal
analysis on a comparative basis, critiquing the underpinning concepts
conventionally accepted as fundamental in this area. This collection of essays
aims to fill that void. Complex regulatory challenges arise from temporary
labour migration. This collection examines these challenges and the extent to
which temporary labour migration programmes can be ethical, equitable and
efficacious and so deliver decent work for workers. Whilst the tendency for
migration law to divide labour law’s worker-protective mission has been
observed before, the authors of the chapters comprising this collection
seek not only to interrogate why and how this is so, but to go further in examining
the implications and effects of a wide range of regulatory mechanisms on
temporary labour migration.
Joanna Howe is Senior Lecturer and Rosemary
Owens is Emerita Professor, both at the University of Adelaide.
October 2016
9781509906284 440pp
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Nationalism and Private Law in Europe
Guido Comparato
While the internationalisation of society has stimulated the emergence
of common legal frameworks to coordinate transnational social relations,
private law itself is firmly rooted in national law. European integration
processes have altered this state of affairs to a limited degree with a few,
albeit groundbreaking, interventions that have tended to engender resistance
from various actors within European nation-states. Against that
background, this book takes as its point of departure the need to understand
the process of legal denationalisation within broader political
frameworks. In particular it seeks to make sense of opposition to
Europeanisation at this point in the evolution of European law when, despite
growing nationalist attitudes, great efforts have been made to produce
comprehensive legal instruments to synthesise general contract law - an area
that has traditionally been solely within the ambit of nation-states.
Combining insights from the disciplines of law, history and political science,
the book investigates the conceptual and cultural associations between law and
the nation-state, examines the impact of nationalist ideas in modern legal
thought and reveals the nationalist underpinnings of some of the arguments
employed against and, somewhat paradoxically, even in support of legal
Europeanisation.
The author's research for this book has been supported by the Hague
Institute for the Internationalisation of Law.
Guido Comparato is a postdoctoral researcher
in the Law Department of the European University Institute.
August 2016
9781509907410 332pp
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Global Order Beyond Law
How Information and Communication Technologies Facilitate Relational
Contracting in International Trade
Thomas Dietz
Reviews
‘A
study like the one presented in this book is highly interesting for research on
the use of international trade law and the actual needs of traders … Dietz
presents a highly interesting spectrum of information about the actual problems
and their solutions that business people encounter in this globalised world.’
Maren
Heidemann, European Business Law Review
‘Thomas
Dietz’s book will be enjoyable to any reader interested in contract law theory,
in the specificities of complex software development agreements, in
international commerce and trade, in sociological approaches to law, or in
institutional economics, among other fields. Readers will find in Dietz’s work
a fascinating study of contract law in action that forces all of us to be less
attached to formal contracting rules and to consider other alternative
mechanisms that work in the shadow of contract law or in its absence.’
Antoni
Rubí-Puig, European Review of Contract Law
Well-functioning contract law is a crucial prerequisite for economic
development. However, even though international trade has increased enormously
in recent decades, we still know little about the contract enforcement
mechanisms that exist in today's globalised markets. The aim of this work is to
shed light on the governance of complex cross-border contracts by developing a
comprehensive theoretical framework for understanding the relevance of both
formal and informal institutions. This framework is then applied to an
empirical study of cross-border software development contracts. Combining a
unique data set of 41 qualitative expert interviews with statistical data and
surveys, the author demonstrates that state contract laws show fundamental
signs of dysfunction across borders. Companies engaged in globalised exchange
therefore rarely use this mechanism. Even the European Union's supranational
enforcement order is, in practice, insignificant. Against all expectations,
international commercial arbitration also turns out to be limited in its
ability to provide a workable legal infrastructure for global commerce. With
global trade lacking a reliable formal legal order, companies have reacted by
creating their own informal governance structures. This book explains how
complex exchange in global markets has emerged in the absence of a global legal
order.
Thomas Dietz is Associate Professor for
Politics and Law at the University of Muenster.
August 2016
9781509907434 270pp Paperback
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Perpetrators and Accessories in International Criminal Law
Individual Modes of Responsibility for Collective Crimes
Neha Jain
Reviews
‘Jain's
book is invaluable… her work serves as an excellent companion for an
introduction to the subject, both for the newly initiated as well as for the
expert in international criminal law… Jain presents an abundance of information
while venturing a critical approach that leads her to present her own theory.
[The book] is infused with interesting and cautiously articulated ideas that
invite us to think critically about its core concepts - perpetration,
principal-accessory distinction, the basis for high-level perpetrator
liability, and the peculiarities of international crimes that have to be
accommodated in a truly international criminal law.’
Dafni
Lima, The Cambridge Law Journal.
‘Jain's
book is essential reading not just for scholars and students of international
criminal justice, but for anyone who cares about how domestic criminal law - in
any system - treats principals and accessories.’
Jens
David Ohlin, Criminal Law and Criminal Justice Online.
International criminal law lacks a coherent account of individual
responsibility. This failure is due to the inability of international tribunals
to capture the distinctive nature of individual responsibility for crimes that
are collective by their very nature. Specifically, they have misunderstood the
nature of the collective action or framework that makes these crimes possible,
and for which liability may be attributed to intellectual authors, policy
makers and leaders. In this book, the author draws on insights from comparative
law and methodology to propose doctrines of perpetration and secondary
responsibility that reflect the role and function of high-level participants in
mass atrocity, while simultaneously situating them within the political and
social climate which renders these crimes possible. This new doctrine is
developed through a novel approach which combines and restructures divergent
theoretical perspectives on attribution of responsibility in English and German
domestic criminal law, as major representatives of the common law and civil law
systems. At the same time, it analyses existing theories of responsibility in
international criminal law and assesses whether there is any justification for
their retention by international criminal tribunals.
Neha Jain is an Associate Professor at
the University of Minnesota Law School. She has held research positions at
Georgetown University Law Center, and at the Max Planck Institute for Foreign
and International Criminal Law in Freiburg, Germany. Professor Jain completed
her BCL and DPhil in law from Oxford University, where she was a Rhodes Scholar
and Jowett Senior Scholar at Balliol College. She served as a law clerk to
former Chief Justice VN Khare of the Supreme Court of India and has interned
with the Office of the Prosecutor at the Extraordinary Chambers in the Courts
of Cambodia and with the Legal and Treaties Division of India’s Ministry of
External Affairs.
August 2016
9781509907397 250pp
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