Making Transnational Law Work in the Global Economy
Essays in Honour of Detlev Vagts

This book takes stock and assesses the prospects of transnational law, in tribute to Professor Detlev Vagts of the Harvard Law School.

Pieter H. F. Bekker (Edited by), Rudolf Dolzer (Edited by), Michael Waibel (Edited by)

9780521192521, Cambridge University Press

Hardback, published 28 October 2010

720 pages, 1 b/w illus.
22.9 x 15.2 x 3.8 cm, 1.25 kg

"No short review can do justice to the rich content and fine craftsmanship found in each contribution to this Festschrift,...each has ably demonstrated the full measure of his or her devotion to Vagts as professor, mentor, coauthor, colleague, and friend."
-Peter D. Trooboff,Covington & Burling LLP

This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.

Foreword. The transnationalism of Detlev Vagts Harold Hongju Koh
1. Introduction. A festschrift to celebrate Detlev Vagts' contributions to transnational law Pieter Bekker, Rudolf Dolzer and Michael Waibel
2. Detlev Vagts and the Harvard Law School William Alford
3. Constructing and developing transnational law: the contribution of Detlev Vagts Henry Steiner
Part I. International Law in General: 4. 'Hegemonic international law' in retrospect Anthony Anghie
5. Textual interpretation and (international) law reading: the myth of (in) determinacy and the genealogy of meaning Andrea Bianchi
6. The changing role of the State in the globalizing world economy Jost Delbrück
7. Sources of human rights obligations binding the UN Security Council Bardo Fassbender
8. Is transnational law eclipsing international law? Daniel Kalderimis
9. Participation in WTO and foreign direct investment - national or community competences Juliane Kokott
10. From dualism to pluralism: the relationship between international law, European law and domestic law Andreas Paulus
11. Transnational law comprises constitutional, administrative, criminal, and quasi-private law Anne Peters
12. Founding myths, international law and voting rights in the District of Columbia Siegfried Wiessner
13. The tormented relationship between international law and EU law Jan Wouters
14. International law scholarship in times of dictatorship and democracy - exemplified by the life and work of Wilhelm Wengler Andreas Zimmermann
Part II. Transnational Economic Law: 15. Sovereignty-plus in the era of interdependence: toward an international convention on combating human rights violations by transnational corporations Olivier De Schutter
16. The noisy secrecy: Swiss banking law in international dispute Jean Nicolas Druey
17. Not-for-profit organisations, conflicts of laws, and the right of establishment under the EC treaty Werner Ebke
18. The meaning of 'investment' in the ICSID convention Barton Legum and Caline Mouawad
19. Toward a proper perspective of the private company's distinctiveness George Nnona
20. Administrative law and international law: the encounter of an odd couple Hernán Pérez Loose
21. Making transnational law a reality through regime-building: the case of international investment law Jeswald Salacuse
22. Creditor protection in international law Michael Waibel
23. Stability, integration, and political modalities: some American reflections on the European project after the financial crisis David Westbrook
Part III. Transnational Lawyering and Dispute Resolution: 24. Diffusion of law: the world court as a court of transnational justice Pieter Bekker
25. Regulating counsel conduct before international arbitral tribunals Charles Brower and Stephan Schill
26. International arbitrators as equity judges Jan Dalhuisen
27. Customary international law in United States courts: the origins of the later-in-time rule William Dodge
28. Mediation and civil justice: a public-private partnership? Peter Murray
29. The borders of bias: rectitude in international arbitration William Park
30. Managing conflicts between rulings of the WTO and regional trade tribunals: reflections on the Brazil-Tyres case Julia Ya Qin
31. Cross-border bankruptcy as a model for the regulation of international attorneys Catherine Rogers.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], International economic & trade law [LBBM], Public international law [LBB]