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3 books match the query 'Law and globalization'

cover of Globalisation and Legal Theory

Globalisation and Legal Theory

William Twining

Northwestern University Press, 2001

Even local newspapers report on famines, global warming, human rights, the Internet, financial markets, and world sports. Globalisation is news. What are the implications for understanding law? Can one look at law from a global perspective? William Twining addresses these issues by asking how traditional Anglo-American legal theory can respond to the challenges of globalisation.
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cover of Governing the Global Clinic: HIV and the Legal Transformation of Medicine

Governing the Global Clinic

HIV and the Legal Transformation of Medicine

Carol A. Heimer

University of Chicago Press, 2025

A deep examination of how new, legalistic norms affected the trajectory of global HIV care and altered the practice of medicine.

HIV emerged in the world at a time when medicine and healthcare were undergoing two major transformations: globalization and a turn toward legally inflected, rule-based ways of doing things. It accelerated both trends. While pestilence and disease are generally considered the domain of biological sciences and medicine, social arrangements—and law in particular—are also crucial.

Drawing on years of research in HIV clinics in the United States, Thailand, South Africa, and Uganda, Governing the Global Clinic examines how growing norms of legalized accountability have altered the work of healthcare systems and how the effects of legalization vary across different national contexts. A key feature of legalism is universalistic language, but, in practice, rules are usually imported from richer countries (especially the United States) to poorer ones that have less adequate infrastructure and fewer resources with which to implement them. Challenging readers to reconsider the impulse to use law to organize and govern social life, Governing the Global Clinic poses difficult questions: When do rules solve problems, and when do they create new problems? When do rules become decoupled from ethics, and when do they lead to deeper moral commitments? When do rules reduce inequality? And when do they reflect, reproduce, and even amplify inequality?

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cover of International Bankruptcy: The Challenge of Insolvency in a Global Economy

International Bankruptcy

The Challenge of Insolvency in a Global Economy

Jodie Adams Kirshner

University of Chicago Press, 2018

With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge.
With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
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