Transnational legal orders

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Summary

  • "This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Notes

  • Includes bibliographical references and index.

Contents

  • Introduction -- 1. Transnational legal orders / Terence Halliday and Gregory Shaffer -- Part I. Transnational Legal Orders and Business Law -- 2. Settling and concordance: two cases in global commercial law / Susan Block-Lieb and Terrence C. Halliday -- 3. When lenders have too much cash and borrowers have too little law: the emergence of secured transactions transnational legal orders / Roderick A. Macdonald -- 4. Settling and unsettling the transnational legal order of international taxation / Philip Genschel and Thomas Rixen -- Part II. Transnational Legal Orders and Regulatory Law -- 5. The (Mis) alignment of the trade and monetary legal orders / Gregory Shaffer and Michael Waibel -- 6. Regulating the regulations: the emergence and limits of the transnational financial legal order / Eric Helleiner -- 7. Institutionalization and its consequences: the TLO(s) for food safety / Tim Büthe -- 8. Climate change: transnational llegal order or disorder? / Daniel Bodansky -- Part III. Transnational Legal Orders and Human Rights Law -- 9. Pharmaceutical patents and the human right to health: the contested evolution of the transnational legal order on access to medicines / Laurence R. Helfer -- 10. 'Rule of law' as transnational legal order / Jothie Rajah -- 11. Firming up soft law: the impact of indicators on transnational human rights legal orders / Sally Engle Merry -- 12. Framing for a new transnational legal organization: the case of human trafficking / Paulette Lloyd and Beth A. Simmons -- 13. The justice paradox? Transnational legal orders and accountability for past human rights violations / Leigh A. Payne -- Conclusion -- 14. Researching transnational legal orders / Terence C. Halliday and Gregory Shaffer
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