Transnational Fiduciary Law

Business / Commercial Law › Law

Transnational Fiduciary Law

Edited by Seth Davis · Thilo Kuntz · Gregory Shaffer
Cambridge University Press February 2024

Specifications

ISBN-13
9781009310307
Publisher
Cambridge University Press
Publication
February 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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
7. Transnational legal ordering of modern trust law
Rebecca Lee
8. Japanese, East Asian, and transnational fiduciary orders
Masayuki Tamaruya
9. Transnational migration of laws and norms in corporate governance: fiduciary duties and corporate codes Jennifer
G. Hill
10. Empire and the political economy of fiduciary law
Seth Davis
11. Transnational law's legality
Evan Fox-Descent
12. The fiduciary role of access platforms
Shelly Kreiczer-Levy
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