Entangled Legalities Beyond the State (Global Law Series)
Cambridge University Press
Edition: New, 11/11/2021
EAN 9781108843065, ISBN10: 1108843069
Hardcover, 400 pages, 22.9 x 15.9 x 3.2 cm
Language: English
Originally published in English
Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.
1. Introduction
Framing entangled legalities beyond the state Nico Krisch
Part I. Entangling State Law
2. Denial, deferral, translation
dynamics of entangling and disentangling state and non-state law in postcolonial spaces Tobias Berger
3. To be is to be entangled
Indigenous treaty-making, relational legalities and the ecological grounds of law Kirsten Anker
4. And an algorithm to entangle them all? Social credit, data-driven governance, and legal entanglement in post-law legal orders Larry Catá Backer
5. Belt, road and (legal) suspenders
Entangled legalities on the 'New Silk Road' Tomer Broude
Part II. International Law and its Interfaces
6. Giving due consideration
A normative pathway between UN human rights treaty monitoring bodies and domestic courts Machiko Kanetake
7. The social life of entanglements between international investment and human rights norms in and beyond ISDS Francesco Corradini
8. International trade law
Legal entanglement on the WTO's own terms Lucy Lu Reimers
Part III. Weaving Transnational Legalities
9. Targeting bad apples or the whole barrel? The legal entanglements between targeted and comprehensive logics in counter-proliferation sanctions Grégoire Mallard and Aurel Niederberger
10. Seamstress of transnational law
How the court of arbitration for sport weaves the Lex Sportiva Antoine Duval
11. The struggle for international financial standards
An historical analysis of entangling legalities in finance Francesco Corradini
12. Hidden in the shades
Patterns of entanglement within the web of corporate social responsibility law Tomáš MorochoviĠand Lucy Lu Reimers
Part IV. Situating Entanglements
13. Entangled legalities beyond the (Byzantine) state
Towards a user theory of jurisdiction Caroline Humfress
14. Entanglement of state and indigenous legal orders in Canada Keith Culver and Michael Giudice
15. Entangled hopes
Towards relational coherence Julia Eckert
16. Tertiary rules Ralf Michaels
17. A reconstruction of transnational legal pluralism and law's foundations Brian Z. Tamanaha.