Transnational Legal Orders

Author: Terence Halliday; Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 9781107641136
Published In: March 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 Buthe

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.