Transnational Legal Orders

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Terence C. Halliday (Edited by), Gregory Shaffer (Edited by)

9781107641136, Cambridge University Press

Paperback / softback, published 17 March 2016

560 pages, 31 b/w illus. 15 tables
23 x 15.3 x 3 cm, 0.85 kg

'Halliday and Shaffer's volume seeks to shift socio-legal research from a predominantly national context to a theoretical perspective that places transnational, national, and local law-making and practice within a single, coherent, analytic frame - that of 'transnational legal orders'. Contributors generate hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle.' Law and Social Enquiry

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).

1. Transnational legal orders Terence Halliday and Gregory Shaffer
Part I. Transnational Legal Orders and Business Law: 2. Settling in transnational legal orders: corporate bankruptcy law and international trade by sea Susan Block-Lieb and Terrence Halliday
3. When lenders have too much cash and borrowers have too little law: the emergence of secured-transactions transnational legal orders Roderick Macdonald
4. Settling and unsettling the transnational legal order of international taxation Philip Genschel and Thomas Rixen
Part II. Transnational Legal Orders and Regulatory Law: 5. The alignment of the transnational legal orders for monetary and trade law Gregory Shaffer and Michael Waibel
6. The emergence and limits of the transnational financial legal order: regulating the regulators Eric Helleiner
7. Institutionalization and its consequences: the TLO(s) for food safety Tim Büthe
8. Climate change: bottom-up evolution or international failure? 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 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 Merry
12. Framing and transnational legal organization: the case of human trafficking Paulette Lloyd and Beth Simmons
13. The justice paradox?: transnational legal orders and accountability for past human rights violations Leigh Payne
14. Researching transnational legal orders Terence Halliday and Gregory Shaffer.

Subject Areas: Law & society [LAQ], Law [L], International relations [JPS]