9781107707092 (ebook) 9781107069923 (hardback) 9781107641136 (paperback)
Cambridge studies in law and society.
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).
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction 1. Transnational legal orders / Terence C. Halliday and Gregory Shaffer Part I. Transnational Legal Orders and Business Law 2. Settling and concordance: two cases in global commercial law / Susan Block-Lieb and Terence C. Halliday 3. When lenders have too much cash and borrowers have too little law: the emergence of secured transactions transnational legal orders / Roderick A. Macdonald 4. Settling and unsettling the transnational legal order of international taxation / Philipp Genschel and Thomas Rixen Part II. Transnational Legal Orders and Regulatory Law 5. The (Mis)alignment of the trade and monetary legal orders / Gregory Shaffer and Michael Waibel 6. Regulating the regulations: the emergence and limits of the transnational financial legal order / Eric Helleiner 7. Institutionalization and its consequences: the TLO(s) for food safety / Tim Büthe 8. Climate change: transnational llegal order or disorder? / 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 R. 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 Engle Merry 12. Framing for a new transnational legal organization: the case of human trafficking / Paulette Lloyd and Beth A. Simmons 13. The justice paradox? Transnational legal orders and accountability for past human rights violations / Leigh A. Payne Conclusion 14. Researching transnational legal orders / Terence C. Halliday and Gregory Shaffer.