Democracy, cosmopolitanism and national identity in a ‘globalising’ world

Broadly globalising processes have been in train for centuries, but contemporary discourse about globalisation is here located within a specific historical context, particularly characterised by new forms of communications and the pressures on states produced by the decline of Keynesianism and the end of the Cold War. Coincident changes also led to a growing interest in national identities, marked not least by the founding of this journal in 1999. Globalisation, a series of processes rather than a single force, has a range of effects on states, nations and national identities, including accommodation and adaptation as well as resistance. Indeed, globalising forces, such as democratisation, are shown to require nation-building. Attempts to impose order on international society through cosmopolitan devices are arguably more inimical to national identities. As with nations, cosmopolitanism involves an imagined community. Because this necessarily exists outside time, the building of a sense of trust and commonality across people and territory is however more challenging. Without popular ownership, it is argued, cosmopolitanism is often more likely to appear a threat than a boon. Building a global civil society, or indeed local democracies, is also unlikely when so many societies still lack local versions anchored in some form of national identity.

ADR in aviation: European and national perspectives

The air transport sector generates the largest share of cross-border consumer complaints, as a proportion of complaints received by the ECC-Net. Since the foundation of the ECC-Net in 2005, air passenger claims have made up around one fifth of the total caseload most years. A pan-European framework of bodies that handle consumer to business disputes will be implemented through the consumer ADR directive.4 Taking these developments into consideration, the aviation industry is an interesting sector to study. This paper looks at dispute resolution for air passengers in the United Kingdom (UK) and Germany, as well as at European level.

Is there any room for the doctrine of fundamental rights of states in today's international law?

This article serves as a general substantive introduction to the special issue on the fundamental rights of states in international law. It introduces the concept in theoretical and doctrinal terms, and lays out the questions that will be addressed by the contributions to the special issue. These questions include: 1) What do attributes like ‘inherent’, ‘inalienable’ and ‘permanent’ mean with regard to state rights?; 2) Do they lead to identifying a unitary distinct category of fundamental rights of states?; 3) If so, what is their source and legal character?; 4) What are their legal implications, eg, when they come into conflict with other obligations of the right holder or with the actions of other states and international organisations?; and ultimately, 5) Is there still room in today’s international law for a doctrine of ‘fundamental’ rights of states? The article reviews the fundamental rights of states in positive law sources and in international legal scholarship, and identifies the reasons for a renaissance of attention for this doctrine.

Transgender Freedom and the Law: A Liberal-Poststructural Discussion on McNally

In R v McNally, gender deception is found capable of leading to the vitiation of consent to sexual intercourse and, in so doing, places restriction on the freedom of transgendered individuals in favour of cisgendered freedom. This paper seeks to challenge the standing of this decision by adopting a combined methodological approach between Deleuzian post-structuralism and Gewirthian legal idealism. In so doing, we attempt to show that the combination offers a novel and productive approach to contentious decisions, such as that in McNally. Our approach brings together post-structuralist corporeality which conceives of the body as material and productive, and Gewirth’s ‘agent’ to conceptualise the legal body as an entity which can, and should, shape judicial reasoning. It does this by employing the criterion of categorically necessary freedom on institutionalised practical reasoning. These ‘bodies of agents’ can be conceived as the underpinning and justificatory basis for the authority of the law subject to the morally rational Principle of Generic Consistency. This egalitarian condition precedent requires individualisation and the ability to accept self-differentiation in order to return to a status, which can be validly described as “law”. Ultimately, we argue that this theoretical combination responds to a call to problematise the connection made between gender discourse and judicial reasoning, whilst offering the opportunity to further our conceptions of law and broaden the theoretical armoury with which to challenge judicial reasoning in McNally. That is, a ‘good faith’ attempt to further and guarantee transgender freedoms.

Summary and Risks of ABS Transactions Under EU and US Law

This chapter examines the legal concept of summary in terms of its potential legal liability and other types of risks under EU and US disclosure laws.

Disclosures Of ABS Transaction Structure Under EU And US Law

This chapter examines the legal concept of transaction structures under EU and US law for asset-backed securities

Servicing Disclosures for ABS Transactions Under US and EU Law

This chapter examines the legal concept of servicing disclosures under EU and US law for asset-backed securities.