Details

Autor(en) / Beteiligte

• Halliday, Terence
• Buxbaum, Hannah
• Ginsburg, Tom
• Lloyd, Paulette

Titel

Theorizing transnational legal orders

Ist Teil von

• American Society of International Law. Proceedings of the Annual Meeting, 2016-01, Vol.110, p.63

Ort / Verlag

Washington: Cambridge University Press

Erscheinungsjahr

2016

Link zum Volltext

Quelle

Alma/SFX Local Collection

Beschreibungen/Notizen

• ''1 Dean Koh refocused attention from transnational law as a body of law to transnational legal process, which, to quote him, describes the theory and practice of how public and private actors-nation-states, international organizations, multinational enterprises, nongovernmental organizations, and private individuals-interact in a variety of public and private, domestic and international fora to make, interpret, enforce, and ultimately, internalize rules of transnational law.2 In our book, we turn attention to the rise and fall of ''transnational legal orders'' from a socio-legal perspective. [...]while regime theory is nation-state-centric, TLO theory does not posit unified nation-states and does not focus on states as the sole relevant actors in creating TLOs. Rather, TLO theory calls attention to the fragmentation and disaggregation of the state in its constituent branches and agencies, as well as to the key role in TLOs of private actors, such as professional lawyers, business associations, and nongovernmental organizations. [...]while regime theory did not directly address law and law's normativity,4 TLO theory foregrounds the role of law, legal norms, legal institutions, and legal reasoning. Efforts to create TLOs by individuals, states or nonstate actors have been directed to international commerce (e.g., liability in carriage of goods by sea, trade wars), finance (e.g., double taxation, lack of credit and capital in domestic markets, bank failures), business failures (e.g., restructuring of failing corporations), health (e.g., access to lifesaving medicines, food safety), human rights (e.g., human trafficking, atrocities in civil conflicts), environmental degradation (e.g., climate change), and circular definition in that it includes legal...