Entangled Legalities Beyond the State

Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Nico Krisch (Edited by)

9781108823791, Cambridge University Press

Paperback / softback, published 11 November 2021

400 pages
22.9 x 15.2 x 2.8 cm, 0.75 kg

'This collection, with its stellar cast of contributors, is a must-read for anyone trying to understand today's fast changing global legal landscape. Its central concept of 'entanglement' invites  a rich exploration of the ways in which our local legal orders increasingly form an interpenetrated whole.' Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, University of Edinburgh

Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.

1. Introduction: Framing entangled legalities beyond the state Nico Krisch
Part I. Entangling State Law: 2. Denial, deferral, translation: dynamics of entangling and disentangling state and non-state law in postcolonial spaces Tobias Berger
3. To be is to be entangled: Indigenous treaty-making, relational legalities and the ecological grounds of law Kirsten Anker
4. And an algorithm to entangle them all? Social credit, data-driven governance, and legal entanglement in post-law legal orders Larry Catá Backer
5. Belt, road and (legal) suspenders: Entangled legalities on the 'New Silk Road' Tomer Broude
Part II. International Law and its Interfaces: 6. Giving due consideration: A normative pathway between UN human rights treaty monitoring bodies and domestic courts Machiko Kanetake
7. The social life of entanglements between international investment and human rights norms in and beyond ISDS Francesco Corradini
8. International trade law: Legal entanglement on the WTO's own terms Lucy Lu Reimers
Part III. Weaving Transnational Legalities: 9. Targeting bad apples or the whole barrel? The legal entanglements between targeted and comprehensive logics in counter-proliferation sanctions Grégoire Mallard and Aurel Niederberger
10. Seamstress of transnational law: How the court of arbitration for sport weaves the Lex Sportiva Antoine Duval
11. The struggle for international financial standards: An historical analysis of entangling legalities in finance Francesco Corradini
12. Hidden in the shades: Patterns of entanglement within the web of corporate social responsibility law Tomáš Morochovi? and Lucy Lu Reimers
Part IV. Situating Entanglements: 13. Entangled legalities beyond the (Byzantine) state: Towards a user theory of jurisdiction Caroline Humfress
14. Entanglement of state and indigenous legal orders in Canada Keith Culver and Michael Giudice
15. Entangled hopes: Towards relational coherence Julia Eckert
16. Tertiary rules Ralf Michaels
17. A reconstruction of transnational legal pluralism and law's foundations Brian Z. Tamanaha.

Subject Areas: International organisations & institutions [LBBU], Public international law [LBB], International relations [JPS], Social & cultural anthropology, ethnography [JHMC], Social & political philosophy [HPS], General & world history [HBG]