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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"--
List of contents
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 Büthe; 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.
About the author
Terence C. Halliday is a codirector of the Center on Law and Globalization and a research professor at the American Bar Foundation. He is the author or editor of numerous books on professions, globalization, law, markets, and politics. His articles have appeared in the American Journal of Sociology, the American Sociological Review, the British Journal of Sociology, the Law and Society Review, Law and Social Inquiry, and the Asian Journal of Law and Society. He is the winner of multiple prizes from the American Sociological Association for his 2009 book Bankrupt (with Bruce Carruthers). Halliday is the 2013 recipient of the Podgerecki Prize for distinguished scholarship from the International Sociological Association's Research Committee on the Sociology of Law.Gregory Shaffer is Chancellor's Professor of Law at the University of California, Irvine, School of Law. He is vice president of the American Society of International Law and its representative to the American Council of Learned Societies. He directs the Law and Society Association's Collaborative Research Network on Transnational and Global Legal Ordering. Shaffer is chair of the Association of American Law Schools Section on Economic Globalization and Governance. His most recent publications include Transnational Legal Ordering and State Change (Cambridge, 2013), Dispute Settlement at the WTO (2011), Regulating Risk in the Global Economy (2008), Defending Interests: Public-Private Partnerships in WTO Litigation (2003) and more than eighty articles and book chapters.
