Comparative Law as Transnational Law: A Decade of the German Law Journal
Comparative Law as Transnational Law: A Decade of the German Law Journal
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Abstract
This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In recognizing the lack of consensus on how to define transnational law, the text includes carefully selected works that originally appeared in the German Law Journal in order to help show the challenges of defining transnational law, and to help with the appreciation of the differing approaches towards it. Some, for example, maintain that the processes of transnationalization has created a space for a new, discrete corpus of law—a field in its own right that is the equal of public international law or conflict of laws. Others understand the perceived transnational phenomena to be illustrations of an emerging legal culture that no longer fits the traditional distinction between national and international jurisdictions. In offering different approaches to such an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.
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Front Matter
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Part One Transnational Legal Scholarship and Transnational Legal Learning
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1
Introduction—Comparative Law as Transnational Law: A Decade of the German Law Journal
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2
In Praise of Transnationalism
Brun-Otto Bryde
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3
Positioning German Scholarship in the Global Arena: The Transformative Project of the German Law Journal
Armin von Bogdandy
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4
Theorizing Transnational Law—Observations on a Birthday
Susanne Baer
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5
Law and Learning in an Era of Globalization
Harry W. Arthurs
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6
The Evolution of Legal Education: Internationalization, Transnationalization, Globalization
Simon Chesterman
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1
Introduction—Comparative Law as Transnational Law: A Decade of the German Law Journal
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Part Two Transnational Legal Philosophy
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7
Westphalia – A Paradigm? A Dialogue Between Law, Art, and the Philosophy of Science
Marcílio Toscano andFranca Filho
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8
The Last Treatise: Project and Person (Reflections on Martti Koskenniemi’s From Apology to Utopia)
David Kennedy
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9
A Response
Martti Koskenniemi
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10
Review Essay—Remarks on Post-Sovereignty and International Legal Neoconservatism: Reading Jeremy Rabkin
Ignacio De La Rasilla andDel Moral
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11
Elements of Constitutionalization: Multilevel Structures of Human Rights Protection in General International Law and WTO-Law
Frank Schorkopf andChristian Walter
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12
Comparative Law’s Coming of Age? Twenty Years after Critical Comparisons
Peer C. Zumbansen
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7
Westphalia – A Paradigm? A Dialogue Between Law, Art, and the Philosophy of Science
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Part Three Comparative Law—The Openness of German Constitutional Law
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13
Avena and Sanchez-Llamas Come to Germany: The German Federal Constitutional Court Upholds Rights Under the Vienna Convention on Consular Relations
Jana Gogolin
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14
Much Ado About Human Rights: The Federal Constitutional Court Confronts the European Court of Human Rights
Matthias Hartwig
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15
National Constitutionalism, Openness to International Law, and the Pragmatic Limits of European Integration—European Law in the German Constitutional Court from EEC to the PJCC
Carl Lebeck
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13
Avena and Sanchez-Llamas Come to Germany: The German Federal Constitutional Court Upholds Rights Under the Vienna Convention on Consular Relations
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Part Four Comparative Law—The Transnational Character of German Private Law
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16
The Reform of the German Private Limited Company: Is the GmbH Ready for the Twenty-First Century?
Michael Beurskens andUlrich Noack
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17
Review Essay—German Capital Market Law: A Permanent Reform
Matthias Casper
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18
Reforming German Corporate Governance: Inside a Lawmaking Process of a Very New Nature—An Interview with Theodor Baums
Theodor Baums andPeer C. Zumbansen
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19
Review Essay—Jan Pieter Krahnen and Reinhard H. Schmidt’s The German Financial System
David C. Donald
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20
The German Draft Legislation on the Prevention of Discrimination in the Private Sector
Nicola Wenzel
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21
Preparing Germany for the Twenty-First Century: The Reform of the Code of Civil Procedure
Giesela Rühl
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16
The Reform of the German Private Limited Company: Is the GmbH Ready for the Twenty-First Century?
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Part Five International Law and War Without Borders
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22
Protego et obligo: Afghanistan and the Paradox of Sovereignty
Michael Bothe andAndreas Fischer-Lescano
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23
Iraq and the Serious Consequences of Word Games: Language, Violence, and Responsibility in the UN Security Council
Craig M. Scott
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24
Antinomies of Power and Law: A Comment on Robert Kagan
Andreas Paulus
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25
Terror, Sovereignty, and Law: On the Politics of Violence
Saul Newman
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26
Speech—Legal Issues in the War on Terrorism
John B. Bellinger
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27
Response—The Fight Against Terrorism and the Rules of International Law—A Comment on the Papers and Speeches of John B. Bellinger, Chief Legal Advisor to the United States State Department
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28
Preventing Military Humanitarian Intervention? John Rawls and Jürgen Habermas on a Just Global Order
Regina Kreide
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22
Protego et obligo: Afghanistan and the Paradox of Sovereignty
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Part Six European Constitutional Law
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29
Questioning European Union Constitutionalisms
Matej Avbelj
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30
Review Essay—Thomas Bruha et al., Eds., Welche Verfassung für Europa? [What Constitution for Europe?]
Morag Goodwin
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31
The European Constitutional Treaty: An Analysis
Udo Di Fabio
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32
The Day the Earth Stood Still?—Reading Jürgen Habermas’s Essay “February 15” Against Ian McEwan’s Novel Saturday
Russell A. Miller
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33
Postconstitutional Treaty
Alexander Somek
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34
Ireland’s Constitutional Amendability and Europe’s Constitutional Ambition: The Lisbon Referendum in Context
Maria Cahill
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29
Questioning European Union Constitutionalisms
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End Matter
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Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
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Some societies use Oxford Academic personal accounts to provide access to their members.
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