Transnational Fiduciary Law

This book assesses the conceptualization and legal response to the social problem of abuse of fiduciary authority in transnational context.

Seth Davis (Edited by), Thilo Kuntz (Edited by), Gregory Shaffer (Edited by)

9781009310307, Cambridge University Press

Hardback, published 8 February 2024

320 pages
23.5 x 15.9 x 2.3 cm, 0.61 kg

'Fiduciary law and theory have attracted unprecedented scholarly interest over the past decade, as we've witnessed the emergence of original analyses of principles spanning private, public and international law, as well as civil and common law traditions. But in an increasingly crowded space, there has been a notable blind spot: examination of the transnational development and reach of fiduciary principles. Transnational Fiduciary Law provides a perfect antidote. Edited by leaders in the field and featuring exciting work by eminent scholars from several jurisdictions, Transnational Fiduciary Law is destined to become a landmark in the field.' Paul B. Miller, Robert and Marion Short Professor of Law, Notre Dame Law School

Fiduciary law is important transnationally, particularly in the context of global capitalism. Fiduciary law's characteristic regard for others offers a response to the pursuit of unconstrained self-interest in business and government relations, potentially implicating the exercise of both private and public power. Stakeholders have invoked it not only to address traditional private law matters, but also to enjoin transnational corporations to respect human rights, to combat public corruption, and to constrain national governments to respect the rights of Indigenous Peoples. This book focuses on the processes through which conceptualizations of fiduciary relationships and fiduciary norms may (or may not) settle transnationally - or become unsettled - as actors invoke fiduciary norms to address problems in different domains, including across borders. It identifies complications and challenges of any transnational convergence of fiduciary norms that fiduciary theorists often elide. This book is also available as Open Access on Cambridge Core.

1. Theorizing transnational fiduciary law: a processual framework Seth Davis and Gregory Shaffer
2. Transnational fiduciary law: spaces and elements Thilo Kuntz
3. A narrow view of transnational fiduciary law Andrew Tuch
4. Transnational fiduciary law in financial intermediation: are we there yet? A case study in the emergence of transnational legal ordering Jens-Hinrich Binder
5. Transnational fiduciary law in bond markets: a case study Moritz Renner
6. The public trust as transnational law Seth Davis
7. Transnational legal ordering of modern trust law Rebecca Lee
8. Japanese, East Asian, and transnational fiduciary orders Masayuki Tamaruya
9. Transnational migration of laws and norms in corporate governance: fiduciary duties and corporate codes Jennifer G. Hill
10. Empire and the political economy of fiduciary law Seth Davis
11. Transnational law's legality Evan Fox-Descent
12. The fiduciary role of access platforms Shelly Kreiczer-Levy.

Subject Areas: Company, commercial & competition law [LNC]