Open AccessJournal Article
International Local Government Law
Gerald E. Frug,David J. Barron +1 more
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This article is published in Urban Lawyer.The article was published on 2006-01-01 and is currently open access. It has received 34 citations till now. The article focuses on the topics: Comparative law & Public law.read more
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Local Space, Global Life: The Everyday Operation of International Law and Development
TL;DR: In this article, Luis Eslava investigates the relationship between international law and the development project in Bogota and exposes the contradictions involved in the international turn from the international to the local.
Dissertation
The Place of Private Property in Land Use Law: A Relational Examination of Ontario's Quarry Conflicts
TL;DR: In this article, the authors examine how land use law structures the relations between people and the more-than-human world to uphold the ownership model of property relations and to privilege particular forms of land use.
Book
Governing Climate Change: Global Cities and Transnational Lawmaking
TL;DR: In this article, the authors examine the legal effect and normative relevance of cities' governance activities and argue that these norms, practices and voluntary standards impose limitations on how cities develop by requiring them to take climate risks into account and to consciously develop practices, policies and regulations to reduce their emissions of harmful GHGs from, for example, landfills, transportation systems and buildings.
Journal ArticleDOI
Strategies of divergence: Local authorities, law, and discretionary spaces in migration governance
Abstract:
This article classifies and theorizes the strategies of divergence that local authorities employ when confronting the discretionary spaces offered by domestic migration law. We propose a distinction between strategies that are either within or outside the perceived boundaries of the law and those that adopt an explicit or an implicit approach to positioning, thus harnessing or downplaying the communicative potential of the law. Based thereon, we introduce a fourfold typology of strategies of divergences that include defiance, dodging, deviation, and dilution. This typology was developed and refined based on field research in local authorities in Greece, Turkey, Italy, and The Netherlands. The case material also leads us into a preliminary exploration of which types of cities and conditions may lead to the adoption of one strategy over another. As such, this article draws attention to the relevance of law within multi-level migration governance and to the meaning of legal ambiguity and discretion as shaped by law and legal interpretation. The strategies of divergence that mould discretionary spaces, in turn, either mitigate or exacerbate legal uncertainty and should be considered a significant factor to account for change in migration governance.
OtherDOI
A New Global Constitutional Order
TL;DR: The authors make a case for the incorporation of forms of transnational legality into comparative constitutional studies, taking as its focus the regime of international investment law, and argue that an appreciation of the constitutional functions of trans-national legality deepen understandings of how constitutional law develops within, across, and beyond national systems of law.