Theorising the Global Legal Order »

This book aims to capture an exploratory approach to theorising the global legal order. Avoiding any brand loyalty to a particular academic perspective, it brings together scholars who contribute a variety of insights covering quite different topics and viewpoints. It sets itself the target of producing a distinctively legal theory of global phenomena, which is capable of illuminating the path of law as an academic discipline, as it confronts a bewildering array of novel situations and innovative ways of thinking about law. The broad base of perspectives found among the contributors, combined with a helpful commentary from the editors, makes the book an ideal Reader to introduce a subject that is becoming of increasing importance for academics, students and practitioners, in law and related fields.

1 Introduction Andrew Halpin Halpin, Andrew Volker Roeben Roeben, Volker 1

2 Cosmopolitan Legal Orders H. Patrick Glenn Glenn, H. Patrick 25

3 Implications of 'Globalisation' for Law as a Discipline William Twining Twining, William 39

4 Theorising the Global Legal Order - An Institutionalist Perspective Stefan Oeter Oeter, Stefan 61

5 Incorporating Foreign Legal Ideas through Translation Ko Hasegawa Ko, Hasegawa 85

6 Globalisation and Judicial Reasoning: Building Blocks for a Method of Interpretation Catherine Dupre Dupre, Catherine 107

7 Statecraft, Trade and Strategy: Toward a New Global Order Ari Afilalo Afilalo, Ari Dennis Patterson Patterson, Dennis 125

8 European Union as a Single Working-Living Space: EU Law and New Forms of Intra-Community Migration Oxana Golynker Golynker, Oxana 145

9 The Domestic Enforcement of Supranational Rules: The Role of Evidence in EC Competition Law Deirdre Dwyer Dwyer, Deirdre 167

10 The UN Declaration on the Rights of Indigenous Peoples: Towards a Global Legal Order on Indigenous Rights? Stephen Allen Allen, Stephen 187

11 Developing a Framework for Understanding the Localisation of Global Scripts in East Asia John Gillespie Gillespie, John 209

12 Governance Through Corruption: Cosmopolitan Complicity Nicholas Dorn Dorn, Nicholas 233

13 Decentralised Constitutionalisation in National and International Courts: Reflections on Comparative Law as an Approach to Public Law Christian Walter Walter, Christian 253

14 Concluding Reflections Andrew Halpin Halpin, Andrew Volker Roeben Roeben, Volker 273\