Transnational Legal Orders (Cambridge Studies in Law and Society)
Cambridge University Press, 2/28/2015
EAN 9781107069923, ISBN10: 1107069920
Hardcover, 536 pages, 23.5 x 15.7 x 3 cm
Language: English
This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).
1. Transnational legal orders Terence Halliday and Gregory Shaffer
Part I. Transnational Legal Orders and Business Law
2. Settling in transnational legal orders
corporate bankruptcy law and international trade by sea Susan Block-Lieb and Terrence Halliday
3. When lenders have too much cash and borrowers have too little law
the emergence of secured-transactions transnational legal orders Roderick 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 alignment of the transnational legal orders for monetary and trade law Gregory Shaffer and Michael Waibel
6. The emergence and limits of the transnational financial legal order
regulating the regulators Eric Helleiner
7. Institutionalization and its consequences
the TLO(s) for food safety Tim Büthe
8. Climate change
bottom-up evolution or international failure? 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 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 Merry
12. Framing and transnational legal organization
the case of human trafficking Paulette Lloyd and Beth Simmons
13. The justice paradox?
transnational legal orders and accountability for past human rights violations Leigh Payne
14. Researching transnational legal orders Terence Halliday and Gregory Shaffer.