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Globalization and the Harmonization of Law - Jarrod Wiener

Globalization and the Harmonization of Law

Paperback

Published: 1st October 1999
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Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues. Concentrating on one aspect of sovereignty, that of protective jurisdiction, Wiener examines the USA and the states of the European Union as actors that are highly integrated into transnational practices, and takes international banking, money laundering, and the Internet as case studies. Wiener believes that the challenge to sovereignty from these practices comes from deregulation and liberalization of public policy, with the consequent empowerment of civil society actors who are transnationally mobile. In response, states are pursuing a two-fold strategy to assert control. The first is "domestication", which is the formulation of municipal law to control the activities of individuals and to localize control on the territory of the state. The second process is that of "harmonization" of laws across borders, which standardizes the means of controlling civil society actors.

Preface
Abbreviations
Introduction: on governing a permeable societyp. 1
From public to private international governancep. 20
Harmonizing the regulation and supervision of international banksp. 41
Harmonizing the control of money launderingp. 82
Harmonizing copyrights on the Internetp. 100
The efficacy of harmonization and pressures for 'harmonization spread'p. 134
The harmonization of private international commercial law: the Lex Mercatoriap. 151
Conclusion: Re-establishing protective jurisdiction in the era of globalization - empire of law?p. 184
Select Bibliographyp. 199
Indexp. 220
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781855675773
ISBN-10: 1855675773
Audience: General
Format: Paperback
Language: English
Number Of Pages: 224
Published: 1st October 1999
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.42 x 15.6  x 1.75
Weight (kg): 0.41
Edition Number: 1