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Transnational Legal Orders

Transnational Legal Orders

Author: Terence C. Halliday; Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 9781107069923
Published In: March 2015
Format: Hardback
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 an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame.

By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders.

This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights.

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.