Transnational Legal Orders (Cambridge Studies in Law and Society) 9781107069923

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Transnational Legal Orders (Cambridge Studies in Law and Society)Gregory Shaffer Edited by Terence C. Halliday

Cambridge University PressHardcover

Unused and unread, minor cosmetic imperfections such as scuffing or minor creasing. Stamped 'damaged' by publisher to a non-text page.

EAN: 9781107069923Published: 28/02/2015Language: English

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 ShafferPart I. Transnational Legal Orders and Business Law2. Settling in transnational legal orderscorporate bankruptcy law and international trade by sea Susan Block-Lieb and Terrence Halliday3. When lenders have too much cash and borrowers have too little lawthe emergence of secured-transactions transnational legal orders Roderick Macdonald4. Settling and unsettling the transnational legal order of international taxation Philip Genschel and Thomas RixenPart II. Transnational Legal Orders and Regulatory Law5. The alignment of the transnational legal orders for monetary and trade law Gregory Shaffer and Michael Waibel6. The emergence and limits of the transnational financial legal orderregulating the regulators Eric Helleiner7. Institutionalization and its consequencesthe TLO(s) for food safety Tim Büthe8. Climate changebottom-up evolution or international failure? Daniel BodanskyPart III. Transnational Legal Orders and Human Rights Law9. Pharmaceutical patents and the human right to healththe contested evolution of the transnational legal order on access to medicines Laurence Helfer10. 'Rule of law' as transnational legal order Jothie Rajah11. Firming up soft lawthe impact of indicators on transnational human rights legal orders Sally Merry12. Framing and transnational legal organizationthe case of human trafficking Paulette Lloyd and Beth Simmons13. The justice paradox?transnational legal orders and accountability for past human rights violations Leigh Payne14. Researching transnational legal orders Terence Halliday and Gregory Shaffer.

 

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