Contested Regime Collisions: Norm Fragmentation in World Society
Cambridge University Press
Edition: Reprint, 12/13/2018
EAN 9781107565593, ISBN10: 1107565596
Paperback, 396 pages, 22.9 x 15.2 x 2.3 cm
Language: English
This collection of innovative contributions to the study of legal pluralism in international and transnational law focuses on collisions and conflicts between an increasing number of institutional and legal orders, which can manifest themselves in contradictory decisions or mutual obstruction. It combines theoretical approaches from a variety of disciplines with theoretically informed case studies in order to further understanding of the phenomenon of regime collisions. By bringing together scholars of international law, legal philosophy, the social sciences and postcolonial studies from Latin America, the United States and Europe, the volume demonstrates that collisions between various institutional and legal orders affect different regions in different ways, highlights some of their problematic consequences, and identifies methods of addressing such collisions in a more productive manner.
Contested collisions
an introduction Kerstin Blome, Andreas Fischer-Lescano, Hannah Franzki, Nora Markard and Stefan Oeter
Part I. Between Collisions and Interaction
1. Regime collisions from a perspective of global constitutionalism Stefan Oeter
2. How to avoid regime collisions Jeffrey L. Dunoff
3. Regime-interplay management
lessons from environmental policy and law Sebastian Oberthür
4. Responsive legal pluralism
the emergence of transnational conflicts law Lars Viellechner
Part II. Addressing Collisions
Regulation and Self-Regulation
5. Horizontal fundamental rights as conflict of laws rules
how transnational pharma-groups manipulate scientific publications Isabell Hensel and Gunther Teubner
6. (Dis)solving constitutional problems
transconstitutionalism beyond collisions Marcelo Neves
7. Governance polycentrism or regulated self-regulation
rule systems for human rights impacts of economic activity where national, private, and international regimes collide Larry Catá Backer
8. Non-financial reporting for business enterprises
an effective tool to address human rights violations? Sebastian Eickenjäger
Part III. Collisions Otherwise
Law and the Collision with Non-Legal Spheres
9. A critical theory of transnational regimes
creeping managerialism and the quest for a destituent power Kolja Möller
10. Materialism of form
on the self-reflection of law Christoph Menke
11. The dialectic of democracy and capitalism before the backdrop of a transnational legal pluralism in crisis Sonja Buckel
12. Putting proportionality in proportion
whistleblowing in transnational law Andreas Fischer-Lescano
13. On the critical potential of law – and its limits
double fragmentation of law in Chevron Corp. v. Ecuador Hannah Franzki and Johan Horst.