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Contested Regime Collisions: Norm Fragmentation in World Society

Contested Regime Collisions: Norm Fragmentation in World Society

Author: Stefan Oeter; Kerstin Blome; Andreas Fischer-Lescano; Hannah Franzki; Nora Markard
Publisher: Cambridge University Press
ISBN: 9781107126572

Published In: April 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107565593

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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, and 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 Oberthur

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 Cata Backer

8. Non-financial reporting for business enterprises: an effective tool to address human rights violations? Sebastian Eickenjager

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 Moller

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.