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Transnational Fiduciary Law

Transnational Fiduciary Law

Author: Seth Davis; Thilo Kuntz; Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 9781009310307
Published In: February 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Fiduciary law is important transnationally, particularly in the context of global capitalism. Fiduciary law's characteristic regard for others offers a response to the pursuit of unconstrained self-interest in business and government relations, potentially implicating the exercise of both private and public power. Stakeholders have invoked it not only to address traditional private law matters, but also to enjoin transnational corporations to respect human rights, to combat public corruption, and to constrain national governments to respect the rights of Indigenous Peoples. This book focuses on the processes through which conceptualizations of fiduciary relationships and fiduciary norms may (or may not) settle transnationally - or become unsettled - as actors invoke fiduciary norms to address problems in different domains, including across borders. It identifies complications and challenges of any transnational convergence of fiduciary norms that fiduciary theorists often elide.

1. Theorizing transnational fiduciary law: a processual framework

Seth Davis and Gregory Shaffer

2. Transnational fiduciary law: spaces and elements

Thilo Kuntz

3. A narrow view of transnational fiduciary law

Andrew Tuch

4. Transnational fiduciary law in financial intermediation: are we there yet? A case study in the emergence of transnational legal ordering

Jens-Hinrich Binder

5. Transnational fiduciary law in bond markets: a case study

Moritz Renner

6. The public trust as transnational law

Seth Davis