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Entangled Legalities Beyond the State

Entangled Legalities Beyond the State

Author: Nico Krisch
Publisher: Cambridge University Press
ISBN: 9781108823791
Published In: November 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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 Morochovič and 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

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