The many lives of transnational law : critical engagements with Jessup's bold proposall

Présentation de l'éditeur : "In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today." Cover Reviews Half-title Title page Copyright information Contents List of Contributors Preface and Acknowledgements Introduction Transnational Law, with and beyond Jessup A Jessup's Lectures and the Project of 'Transnational Law' B The Practice (Not Necessarily Theory) of Transnational Law C Transnational Law as Practice and Theory D From 'Globalization and the Law' to 'Transnational Law' E In Search of a Definition: Transnational Law as Quantité Irritante (et Inspirante) F Transnational Law as Transnational Politics G The Structure of the Book I Transnational Law – the Public and the Private II Transnational Law as Regulatory Governance III Transnational Law: The Field's Normative Stakes H Conclusion Part I Transnational Law: The Public and the Private 1 Jessup at the United Nations: International Legacy, Transnational Possibilities A Introduction B Jessup at the UN C The UN in Jessup's Scholarship D The SDGs: Applying Jessup's Transnational Legal Scholarship E Conclusion 2 The Concept of a Global Legal System A Introduction B Transnational Problems: Function and Politics C Legal Solutions and Generic Governance Functions D Suppliers of Legal Solutions: The Institutions of the Global Legal System E Legal Rules: Beyond Traditional Doctrinal Distinctions F Dimensions of Choice G Methods of Choice H From International Law and International Relations to Law and World Politics 3 How Comity Makes Transnationalism Work A Introduction B Sovereignty C The Global Market D Hyper-Politicized Situations E Proliferation of International Courts and Tribunals F Harmonization G Conclusion Part II Transnational Law as Regulatory Governance 4 Aiding and Abetting in Theorizing the Increasing Softification of the International Normative Order: A Darker Legacy of Jessup's Transnational Law? A Soft Becomes Beautiful: On the Changing Structure of the International Normative Order B Conceptualizing the Beauty of Softness: From the Scientific Discovery of Informal Steering Instruments to the Rise of 'Transnational (. . .) Law' C Did Jessup Already Consider Soft as Beautiful? On Attribution D Is Soft Really Beautiful? It (Again) Seems to Depend . . . E Concluding Observations 5 From International Law to Jessup's Transnational Law, from Transnational Law to Transnational Legal Orders A Introduction B The Conceptual Turn from Transnational Law to Transnational Legal Orders: Two Examples I Intellectual Property as a Transnational Legal Order II Indigenous Rights as an Emerging Transnational Legal Order 1 The Maya in Belize 2 The Ainu in Japan C Public International Law's Broader Scope and Deeper Impact Compared to Jessup's Time D The Interaction of Public International Law with Private International Law and Other Rules in Transnational Legal Ordering E Resistance: The Rise and Fall of Transnational Legal Ordering F Conclusion 6 Transnational Law in the Pacific Century: Mapping Pesticide Regulation in China A Introduction B International and Regional Agreements and Standards I Legally Binding International Agreements II Non–Legally Binding International Agreements III International Standards IV Regional Measures C National Measures I Relation to International Law II Rule-Making III Hard Law and Soft Law IV Standards and Alignment D Provincial and Municipal Measures I Subnational Rule-Making II A Tale of Two Provinces 1 Shandong Province 2 Shaanxi Province III Xi'an City E Conclusion 7 Transnational Law in Context: The Relevance of Jessup's Analysis for the Study of 'International' Arbitration A Introduction B Transnational Rules in International Arbitration C Transnational Actors in International Arbitration D Transnational Processes in International Arbitration E Conclusion 8 Transnational Law and Adjudication: Domestic, International and Foreign Intersections A Introduction: The Jessup Tradition and Transnational Adjudication B The Relationship Between International, Foreign and National Law in Adjudication C The Landscape of the Judicial Transnationalization of Law D National Courts and Multi-Modal Governance, Regulation and Democracy E Jurisdictional Case Study - Australia F Future Directions 9 Transnational Law and Global Dispute Resolution A Introduction B Jessup's Insights as They Relate to Global Dispute Resolution C Transnationalization of International Dispute Resolution D Historic Developments of Transnational Law in the Global Commercial Dispute Resolution Field E Current Discussion and Issues in Transnational Law F Development of Transnational Commercial Arbitration G The UNCITRAL Model Law as Force Contributing to Transnational International Arbitration H Conclusion 10 Conflicts of Law and the Challenge of Transnational Data Flows A Introduction B Internet Conflicts-of-Law Cases: 2000–03 I LICRA v. Yahoo! II GlobalSantaFe Corp. v. Globalsantafe.com III Barcelona.com, Inc. v. Excelentisimo Ayuntamiento de Barcelona C Internet Conflicts-of-Law Cases: 2013–17 I United States v. Microsoft II Google Spain SL v. Agencia Española de Protección de Datos III Procureur-General v. Yahoo! Inc.; Procureur-General v. Skype IV Google v. Equustek V Global Electronic Currencies and Transactions D The Need for a Cosmopolitan Pluralist Approach to Conflict of Laws E Conclusion 11 What Lex Sportiva Tells You about Transnational Law A Introduction B Lex Sportiva and the Pure Theory of Transnational Law I The Emergence of a 'Pure' Theory of Transnational Law II The Lex Sportiva: The Transnational Legal Order(s) of Sport C Lex Sportiva and the Impure Theory of Transnational Law I The Impure Theory of Transnational Law: From Jessup to Zumbansen 1 Jessup's Transnational Law 2 Transnational Legal Pluralism: Reconciling Jessup with Transnational Law II The Lex Sportiva: A Playground for the Impure Theory of Transnational Law 1 The World Anti-doping System: 'Glocal' Law in Action 2 The FIFA Regulations on the Status and Transfer of Players: Transnational Lawmaking in the Shadow of EU Law 3 The Court of Arbitration for Sport and the Importance of Swiss Law D Conclusion 12 Family Law: A Blind Spot A Introduction B Transnational Legal Pluralism I Legal Pluralism and Transnational Law II Transnational Legal Pluralism in Family Law C The Global Politics of the Public–Private Distinction I The Public–Private Distinction in Transnational Law II The Private–Public Distinction in Family Law III The Global Politics of 'Private' Family Law D Transformations of the Welfare State I Same-Sex Marriage Reforms as Transnational Legal Ordering II Neo-liberalism and Family Law E Conclusion Part III Transnational Law: The Field's Normative Stakes 13 Locating Private Transnational Authority in the Global Political Economy A Introduction B The Ontology of 'Private Transnational Governance' I International Law and 'the Transnational' II International Relations and 'the Transnational' C Critical Theory and a Praxis Conception of Private Transnational Authority D Conclusion 14 Transnational Law as Drama A Introduction: Interdisciplinarity and Transnational Law B Social Drama C Transnational Law's Drama in the Situation Room photograph I The Transnational Citizenry of Photography II Obscuring Law's Violence III The Drama of Liberal Democratic Virtue IV Transnational Law as Revenge Drama D Conclusion: Through Drama to Justice 15 Transnational Law as Unseen Law A Introduction: Thirteen Words That Changed The World B Transnational Law as an Intellectual Holding Pen: Jessup's 'Larger Storehouse Of Rules' C What Is a Practice-Enriched Perspective? D Accessing Transnational Environmental Law's 'Secret Archives' I The Partial Knowledge Base of Arbitration II Tracing Transplants III Judges and 'the Project' of Environmental Law IV The Private Lives of Contractual Texts E Conclusion: From Seen/Unseen to Known/Unknowable 16 The Cri de Jessup Sixty Years Later: Transnational Law's Intangible Objects and Abstracted Frameworks A Jessup's Cri de Valmy B Transnational Law as Manifesto C Jessup's Big Bang and Beyond D From Transnational Law to the Law of Transnational Spaces E Concluding Thoughts 17 The Private Life of Transnational Law: Reading Jessup from the Post-Colony A The Birth of Jessup's Transnational Law B Arbitrations and the Making of Commercial Transnational Law I International Law after Transnational Law: Ideologies as Legal Doctrines II The Publicists' Reception of Transnational Law C The Suez Crisis: The East versus the West on Transnational Law I The Transnational Law of the Suez Crisis II The Suez Crisis, Publicists and Applied Transnational Law D Conclusion 18 After the Backlash: A New PRIDE for Transnational Law A Introduction B Backlash and Nostalgia I Brexit as Rejection of Transnational Law II The Nostalgia of the Nation State III The Nostalgia of Transnational Law C A New PRIDE I Politicization II Redistribution III Inclusion IV Democratization V Energization Part IV Conclusion Epilogue Difficulties for Every Solution: Defining Transnational Law at the Edge of Transdisciplinarity A Introduction B Defining a Concept C Defining a Project D Defining as Disciplinarity I The Midcentury Grid: TL1 as Jessup's Eclecticism among Pragmatists II The Millennial Grid: TL2 in the Context of Interdisciplinary Thought 1 Transnational Legal Process (TLP) 2 Transnational Legal Theory (TLT) 3 Transnational Legal Ordering (TLO) E Definition between Deference and Distinctiveness I As Signal II As Data Set III As Ritual IV As Specificity F Conclusion Index of Names Subject Index Présentation de l'éditeur : "In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today." "In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many Nation States. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today"-- Provided by publisher