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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Global Legal Pluralism: A Jurisprudence of Law Beyond Borders

ISBN13: 9780521769822
Published: May 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £82.00
Paperback edition , ISBN13 9781107651500

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Public International Law
Part I. Mapping a Hybrid World
1. Introduction
2. A world of legal conflicts

Part II. Retreating from Hybridity
3. The limits of sovereigntist territoriality
4. From universalism to cosmopolitanism

Part III. Embracing Hybridity
5. Towards a cosmopolitan pluralist jurisprudence
6. Procedural mechanisms, institutional designs, and discursive practices for managing pluralism

Part IV. Conflict of Laws in a Hybrid World
7. The changing terrain of jurisdiction
8. A cosmopolitan pluralist approach to choice of law
9. Recognition of judgments and the legal negotiation of difference
10. Conclusion.