The Oxford Handbook of Transnational Law (OXFORD HANDBOOKS SERIES)

Cover The Oxford Handbook of TRANSNATIONAL LAW Copyright Dedication Acknowledgments Preface Contents Contributors Part I: FOUNDATIONS Chapter 1: Transnational Law: Theories and Applications I. Naming and Legitimizing Transnational Law II. A Child of Its Times? III. Transnational Law’s Inheritances, Analogies, and Proprieties 1. Transnational Law and Globalization 2. Transnational Law and ‘the State’ IV. Law in a Global Context: Transnational Law as Methodological Laboratory 1. Transnational Legal Conflicts as “Not-yet-Cases” 2. Putting Theory to Practice V. Outlook Selective Bibliography Chapter 2: Normative and Legal Pluralism: A Global Perspective I. Introduction II. Normative Pluralism A. “Pluralism” B. General Theory of Norms 1. Norms, Rules, and Related Concepts 2. Classification of Rules and Norms 3. Individuation C. Normativity III. Legal Pluralism A. Mainstream Literature on Legal Pluralism B. Social Fact Conceptions of Legal Pluralism: An Ideal Type C. Case Studies D. Conceptualizing “The Legal” E. State Centralism F. A Nonpositivist Challenge IV. Implications of Globalization A. “Global Legal Pluralism” V. Conclusion Acknowledgements Chapter 3: Transnational Law and Economic Sociology I. Introduction: Includingthe Unclassified II. Transnational Law: The Nature of the Beast A. From Form to Function B. From Substance to Process C. From Field to Method D. From (Inter)national to Transnational III. Economic Sociology: Contextualizing Economics IV. Political Economy: Law in Modern Capitalism V. A Transnational Order: The Law of Market Society VI. Conclusion: A Transnational Legal Profession Selective Bibliography Chapter 4: Out of Site: Transnational Legal Culture(s) I. Introduction: Globalization, Law, and the “Cultural Turn” A. Globalization, (Post-)Modernity, and the “Turn” to Culture B. Culture, Legal Globalization, and Transnational Law II. “Transnational Legal Culture(s)” between Culture and Civilization A. “Transnational,” “Legal,” “Culture” B. The Historical Semantics of “Culture” and the Tropes of “Convergence” and “Clash” III. Transnational “Third Cultures” A. Approaches to “Global Culture” and the Concept of “Third Cultures” B. “Third” Cultures, Communities, and Legal Globalization IV. Transnationalism from Above and from Below A. Other Transnational Legal Cultures and Communities B. Which Globalization, which Transnational Law? C. “Transnational” from the Other Side Selective Bibliography Chapter 5: The Postmodern Normative Anxiety of Transnational Legal Studies: The Challenge of Legal Rematerialization beyond the Nation-State I. Introduction II. From Intergovernmental Processes to Transgovernmental Networks and Law’s Transnationalization: Transnational Legal Pluralism and Transnational Legal Orders III. Transnational Law as a Social Reality and Transnational Legal Analysis as a Methodological Framework: Deconstructing Transnational Legal Narratives IV. Recoupling Law and Politics beyond the Nation-State:Conflicts Law Theory V. The Perils of Legal Proceduralization and the Amorphous World Society VI. The Challenge of Postmodern Normative Analysis: The Rematerialization of Law beyond the Nation-State Selective Bibliography Part II: FIELDS Chapter 6: Transnational Constitutional Law I. National Constitutionalism II. Transnational Constitutional Law III. International Law as Transnational Constitutional Law IV. National Constitutional Law as Transnational Constitutional Law V. Transnational Constitutional Law as an Autonomous System A. Transnational Constitutional Law: Extraterritoriality B. Transnational Constitutional Law: Proportionality C. Transnational Constitutional Law: The Right to Rights D. Transnational Constitutional Law: New Patterns of Litigation VI. Conclusion Selective Bibliography Chapter 7: Global Administrative Law: A Transnational Perspective I. The Phenomena that May Be Regarded as Belonging to “Global Administrative Law” and Their Relevance A. What Is “Global Administrative Law”? B. From Specific Practices to Broader Patterns of GAL II. Is It “Global,” Is It “Administrative,” and Is It “Law”? A. Is It “Global”? B. Is It “Administrative”? C. Is It “Law”? III. The Changing Role of Normativity A. The Gradation of Bindingness B. The Transformation of Societal Knowledge Structure IV. The Changing Focus on Administrative Law—The Operative Role of Administrative Law A. The Self-generationof Administrative Law and the “Publicness” of GAL B. A Completely New Law Beyond the State? Gunther Teubner’s Theory of Global Law C. A New “Administrative Activism” in Lawmaking? V. The Transformation of Domestic Law A. The Prelude before the Emergence of GAL B. Why Not Find a Home for GAL in the Old Architecture of Law? VI. How Democratic Is Global Administrative Law? VII. Distinguishing Different Versions of Transnational Administration A. Toward a New Administrative Network of Decision-making B. Different Fields of GAL Selective Bibliography Chapter 8: Transnational Criminal Law: A Fieldin the Making I. Introduction II. An ICL Less Ideal—and Some Similarities With TCL III. “Transnational” Criminal Law: Further Provocations from Transnational Legal Studies A. Expanding the Horizontality of TCL 1. Problematizing “Transnational Crime” 2. Toward a Legal Realist Reorientation of TCL B. Deepening the Verticality of TCL 1. TCL’s Encounter with Domestic Criminal Law 2. TCL’s Synchronic Life and Renewed Prospects for Comparative Criminal Law 3. TCL’s Diachronic Possibilities: Colonial Criminal Law as TCL Par Excellence IV. Conclusion Selective Bibliography Chapter 9: Transnational Legal Orders and Global Health I. Introduction II. Abortion and AIDS in the United States: Social Conservatism Meets Carceral Transnational Governance A. Abortion B. AIDS III. American Litigation, Transnational Impact IV. Contradictions in Global Health Governance V. Conclusion Selective Bibliography Chapter 10: Transnational Refugee Law I. Introduction II. The Regulatory Purpose of the Body of Norms and Its Origins in Refugee Law A. The Requirement of “Persecution” in the Refugee Convention B. The Shift in “Actors, Norms, and Processes” and the Changing Sociology of the Field 1. The Palestinian Crisis 2. State Actors and the Search for a New “Norm” Setting 3. Third World Regional Responses 4. The UNHCR Intervenes to Assist Western State Parties 5. War Refugees III. Conclusion Selective Bibliography Chapter 11: Transnational Climate Law I. Transnational Climate Law as a Visual Field II. Transnational Climate Law: Out of the Margins A. Migrations B. Interactions C. Revelations III. Methodological Challenges Facing Transnational Climate Law A. The Negative Spaces: Unenvironmental Law and Unclean Energy Law B. The Place of Practice C. The Faceless Transnational IV. Concluding Thoughts Selective Bibliography Chapter 12: Transnational Food Law I. Introduction II. The Agrarian Origins of International Law III. The Law and Politics of Global Food Security IV. The Right to Food, Food Sovereignty, and Global Governance from the “Bottom Up” V. The Struggle over Transnational FoodSecurity Governance VI. Conclusions Selective Bibliography Chapter 13: International Investment Law as Transnational Law I. Introduction II. Dreaming International Investment Law as Transnational Law III. Turning International Investment Law into Transnational Law IV. The Legal Nature of the International Investment Regime: Public or Private? V. Foreign Investment, International Law, and Domestic Legal Orders VI. The International Investment Regime as a More Pluralistic Terrain for Foreign Investment? VII. Conclusions Selective Bibliography Chapter 14: Transnational Antitrust Law I. Introduction II. Substantive Antitrust Law A. The Production and Diffusion of Local Antitrust Rules 1. The Production of Antitrust Rules at the National Scale 2. The Export of Domestic Antitrust Norms 3. The Role of Multilateral Organizations and Networks in the Diffusion of Antitrust Norms B. Regionalization C. Multilateralism and the Development of International Antitrust Law III. Cooperation and Contestation in the Implementation and Enforcement of Antitrust Law A. Regulatory Cooperation B. Conflict and Contestation in Antitrust Enforcement IV. Economic Globalization and the Prospects for the Convergence of Antitrust Norms Selective Bibliography Chapter 15: Transnational Mining Law I. Introduction II. Global Mining and Resistance III. Host State Law and the Mining Policy Framework IV. International Mining Standards V. The Role of the Home State VI. Conclusions: Legitimacy and Transnational Mining Law Selective Bibliography Chapter 16: The Standardization of Oil and Gas Law: Transnational Layers of Governance I. Introduction II. Overview of the Oil and Gas Industry: Operations, Key Players, and the Legal Framework III. National Regulatory Regimes: Internationalization and Convergence? IV. Model Contracts: Reflection or Development of Standards, Practices, Norms? V. The Search for Industry Standards and Good Practices A. What Is an Industry Standard? B. Industry Standards as “Hard Law” VI. International Customs and Usages: Do They Exist and What Role Do They Play? VII. Conclusion Selective Bibliography Chapter 17: Law and Development I. Introduction II. A Sociological Imagination A. Human Actors . . . B. . . . Interacting C. . . . Creating, and Subject, to Regimes D. . . . Influencing, and Influenced by, Rationalities III. With Experimental Attitude IV. Conclusion Selective Bibliography Chapter 18: Transnational Space Law I. Introduction II. Ancient to Modern Perspectives on the Space-Earth Relationship III. The Beginning of the Space Age and Its Geopolitics IV. Formative International Institutional and Cooperative Arrangements for Space A. Initial Superpower Space Diplomacy at the United Nations B. Early Space Activities Cooperation V. A First Regime Affecting Space: The Limited Test Ban Treaty VI. The Early Intellectual Exploration of Space Law VII. The Establishment of International Space Law A. Renouncing WMDs in Space: UN General Assembly Resolution 1884 (XVIII) B. Declaring Main Principles: UN General Assembly Resolution 1962 (XVIII) C. The 1967 Outer Space Treaty D. Supplementary Space Law Treaties Adopted at the United Nations 1. The 1968 Rescue and Return Agreement 2. The 1972 Liability Convention 3. The 1975 Registration Convention 4. The 1979 Moon Agreement E. Consensus Principles and Understandings Adopted at the United Nations after 1979 VIII. Forms of Transnational Space Cooperation A. International Governmental Project Cooperation B. International Institutional Arrangements C. Structured Dialogue and Technical Coordination D. Transnational Industrial and Research Collaboration IX. National Space Policy and Law A. The Preeminent Role of National Space Policy B. An Overview of National Space Laws and Administrative Acts X. Conclusion Selective Bibliography Chapter 19: Transnational Internet Law I. Introduction to Transnational Lawand “Lex Informatica” II. Technical and Speech Standards for “Cyberspace” III. Standards Adoption as Lex Informatica IV. Lex Informatica and Law by Technological Contract V. Internet Access, Net Neutrality, and the “Open Internet” VI. Conclusion: From Transnational Internet Law to Plurilateral Law? Selective Bibliography Chapter 20: Transnational Commercial Law—Developments and Controversies I. Introduction: Transnationalization of International Commercial Law—Tensions and Developments II. Transnational Dynamics in Legal Practice A. Dynamic Development of Substantive Transnational Commercial Law: From Custom to Codification; from Regional to Global B. Current Discussion and Issues in Transnational Law III. Development of Transnational Commercial Arbitration A. Transnational Commercial Law as Substantive Law in International Arbitration B. Procedural Lex Mercatoriaand Transnational ProceduralArbitration C. Transnational Source of an Arbitrator’s Power to Adjudicate Commercial Law Matters D. The UNCITRAL Model Law as a Force Contributing to the Resolution of Transnational Commercial Legal Disputes E. Other Forces Contributing to the Development of Transnational Commercial Arbitration IV. Controversies in Transnational Arbitration A. Delocalization and the Current Debate B. Actors in Transnational Commercial Arbitration C. Norms of Transnational Commercial Arbitration D. Political Issues Raised by Transnational Commercial Arbitration E. Processes of Transnational Commercial Arbitration F. Contestations of Transnational Commercial Law of Arbitration V. Conclusion Selective Bibliography Chapter 21; Transnational Arbitration Law I. Introduction II. Deconstructing the Debates on the Lex Mercatoria A. Law and Order in International Arbitration B. Parochialism in the Study of International Arbitration III. The Sociology of International Arbitration: Global, Local, or “Glocal”? A. International Arbitration as a Field for Competition between “Locals” B. The “Glocalization” of Transnational Arbitration? III. Conclusion Selective Bibliography Chapter 22: Transnational Law and Conflict of Laws:A Japanese Perspective I. Introduction II. Conflict of Laws A. Features of Japanese Conflict of Laws B. Challenges C. Responses III. Transnational Law A. How Should We Understand Transnational Law? B. Significance and Challenges of Transnational Law for Conflict of Laws 1. Benefits and Significance 2. Challenges IV. Reflections A. What Should Japanese Conflict of Laws Do? B. Conflict of Laws as a Methodology V. Concluding Remarks Selective Bibliography Chapter 23: Transnational Sports Law: The Living Lex Sportiva I. Introduction II. The Transnational Rules of the Lex Sportiva 1. The Constitution(s) of the Lex Sportiva 2. A Global Disciplinary Code for the Lex Sportiva: The World Anti-DopingCode 3. The Many Primary Rules of the Lex Sportiva III. The transnational Operators of the Lex Sportiva 1. The Transnational Administrative Function of the SGBs 2. The Transnational Judicial System of the Lex Sportiva a. The Pluralistic Landscape of the Internal Tribunals of the SGBs b. The CAS: The Rise of the “Supreme Court of World Sport” VI. Lex Sportiva: Transnational Law with Many States 1. The CAS as Transnational Legal Alchemist 2. The Public-Private Glocal Structure of the World Anti-Doping Regime 3. The Making of the FIFA Regulations on the Statute and Transfer of Players in the Shadow of Bosman V. Conclusion Selective Bibliography Chapter 24: Transnational Contract Law I. Introduction II. From Transnational Harmonization of Contract Laws to Radical Contractual Pluralism A. Contrat Sans Loi, Revisited B. Contracts between Economy and Society: The Case of Value-Chain Capitalism III. Recontextualizing Transnational Contract Law A. Redirecting the Realist Heritage: Liaisons Dangéreuses between Law and State in the National Constellation B. Reinvigorating the Liberal Tradition: Toward a Global Ius Gentium Privatum? IV. Conclusion: Moving beyond “Fear of Contract” by Politicizing Transnational Contractual Pluralism Selective Bibliography Chapter 25: Transnational Property Law I. Transnational Encounters in Property Law II. Histories of Transnational Property Law A. Conquest, Law, and Sovereignty B. Postcolonial Constitutional Property Regimes C. Securing Foreign Investment through Property Regimes III. Methodologies of Transnational Property Law IV. Conclusion: Distributions of Transnational Property Selective Bibliography Chapter 26: TransnationalTort Law I. Setting the Scene A. Introduction B. Regional and Global Tort Law C. Free Trade and the Lack of International Tort Obligations II. Developing Transnational Tort Standards A. Filling Legal Void by Soft Law and the Impact on Tort Law B. Turning International Soft Law into Domestic Tort Law C. Domestic Tort Law as Human Rights Protector III. Transnational Tort Litigation A. Introduction B. Fact-findingand Funding C. Parent-SubsidiaryIssues D. Competent Forum D. Competent Forum E. Applicable Law Selective Bibliography Chapter 27: Transnational Family Law I. Introduction II. Human Rights Norms A. United Nations B. European Convention on Human Rights III. New Regulatory Spaces A. European Union B. The Hague Conference on Private International Law C. Council of Europe IV. Multijurisdictional Family Law Disputes V. Conclusion V. Conclusion Selective Bibliography Chapter 28: Architects, Landscapers, and Gardeners in the Transnational Futures of International Labor Law I. Introduction: The Architect or the Landscaper? Transnational Labor Ambivalence II. The Landscaper and the Gardener? Transnational Labor Law’s Pluralism A. The Power to Represent B. TLL and Noncommodification C. Beyond Financialization: Framing the Transnational D. When the Landscaper Sees that Labor, Too, Is the Gardener III. A Landscaper Worthy of the Name: Normative Thickening through International Labor Law: Selected Examples A. International Labor Law May Thicken Normative Content in Emerging Transnational Contexts B. Alternative Actors, Including Transnational Social Movements, May Build upon International Labor Law to Thicken Normative Convergence at the National Level C. The International Labour Organization May Provide Purposeful, Deliberative Spaces for Transnational Labor Law’s Settling IV. Conclusion: An Alternative Imaginary? Selective Bibliography Chapter 29: Transnational Corporate Governance: The State of the Art and Twenty-First-Century Challenges I. Introduction II. Beyond Traditional Narratives of Corporate Governance A. Welfare State Transformation, Financialization, and the “Law and Economics” Paradigm B. The Political-EconomyPerspective on Corporate Governance III. The Sustainability-oriented Transformation of Corporate Governance Norm-Creationin Changing Policy Fields A. The Changing Market-State Condominium in Sustainability-related Corporate Governance Regulation B. Market Actors and Codes of Good Corporate Governance: The Case of Stewardship Codes IV. Confronting the Challenges for the Twenty-First Century: Transnational Corporate Governance and Future Research Selective Bibliography Chapter 30: Transnational Art Law—Maps and Itineraries I. Introduction II. Law/Art/and the Transnational: A Conceptual Map A. What Is the “Law” in Transnational Art Law? B. What Is “Art” in Transnational Art Law? C. What Is the “Transnational” in Transnational Art Law? III. Interdisciplinary Itineraries A. Sociolegal Itineraries B. Regulatory Itineraries C. Performative Itineraries IV. Outlook Selective Bibliography Part III: LEGITIMACY AND POLITICS OF TRANSNATIONAL REGULATORY GOVERNANCE Chapter 31: Transnational Migration Law: Authority, Contestation, Decolonization I. Introduction II. Conceptualizing Transnational Migration Law A. Key Concepts B. Mapping the Plural and Contested Actors, Sites, and Modes of Transnational Migration Lawmaking C. Tracing Forms of Transnational Migration Law III. Decolonizing Transnational Migration Law A. Global Justice, Inequality, and Migration B. Telling “Counterstories” as an Academic Praxis IV. Conclusion Selective Bibliography Chapter 32: Contextualization as a (Feminist) Method for Transnational Legal Practice I. Introduction II. Transitional Justice and Peacebuilding III. The Women, Peace and Security Agenda IV. Case Study: Afghanistan A. The Afghan Context B. Islamic Feminism V. Contextualization A. Learning from Feminist Theory B. Contextualization in Transnational Law C. Contextualizing the WPS Agenda in Afghanistan VI. Conclusion Chapter 33: Queering the Transnational: Noteson an Emerging Politics of Law and Sexuality I. Introduction II. A Primer to Law and Sexuality III. Teaching Law and Sexuality: A Transnational Conversational Space? A. Incorporating Transnational Perspectives into the Legal Curriculum B. Transnational Law, Gender, and Sexuality in the Classroom IV. Conclusion Selective Bibliography Chapter 34: The Social Question in a Transnational Context I. The Challenge II. Outline III. Hayek IV. Disembedded Peace and Prosperity V. Cosmopolitan Administrative Individualism VI. The Welfare State VII. The More Ambitious Social Question VIII. The Social Question in Reflexive Form IX. Cosmopolitan and Political Practical Reason X. The Distributive Question XI. The Cosmopolitan Difference Principle XII. Struggle XIII. The Demise of the Private Sphere XIV. The Eschatological Bias XV. The Priority of Justice XVI. Conclusion Selective Bibliography Chapter 35: The Problem of the Enterprise and the Enterprise of Law: Multinational Enterprises as Polycentric Transnational Regulatory Space I. The Conundrums of Polycentricity in Transnational Law and the Multinational Enterprise as Object, Linkages, and Process II. Traditional Approaches to the Regulation of MNEs and Its Problems III. Emerging Regulatory Forms beyond the State and Its Domestic Legal Orders A. The Internationalization of Extraterritoriality. B. Corporate Codes C. Third-PartyCertification Regimes as Global Private Regulation D. Hybrid Monitoring and Disclosure Regimes; Some Transnational in Operation though National in Conception E. The Emergence of a Patchwork of International Norms and Principles along with a Skeleton of Their Attached Remedial Mechanisms IV. Shooting at a Moving Target in Transnational Space: The MNE as Polycentric Space A. The New Veil Piercing and the Emergence of Supply Chain Liability B. Transforming the Regulation of Linkages and Connections C. From Supply Chain Liability to the Regulation of Global Production V. Conclusion Selective Bibliography Chapter 36: Reclaiming Sovereignty:Resistance to Transnational Authority and the Investor-State Regime I. Introduction II. Sovereignty and the Investor-StateRegime A. The Theoretical and Legal Construction of the Sovereign B. Investor-StateRegime III. Resistance and Law A. Resistance against Law B. Resistance through the Means of Law C. Resistance through Redefinition IV. Conclusion Chapter 37: Transnational Sustainability Governance and the Law I. Introduction II. Between Opposing Globalizations III. Beyond the State A. Global Administrative Formation in Sustainability Governance 1. Business and Human Rights 2. Roundtables and Multistakeholder Bodies 3. Codes of Conduct B. Experts, Audits, and the Implementation of Sustainability Governance IV. The Re-emergentState A. Transnational Constitutional Change B. Transnational State Legislation C. Transnational Litigation V. Conclusion Selective Bibliography Chapter 38: Terrorism and Transnational Law: Rules of Law under Conditions of Globalization I. Introduction II. Terrorism, the State, and Law A. The State’s Claim to a Monopoly on Legitimate Violence B. Terrorism: The Role of Law in the State’s Response C. The Challenge to the Rule of Law III. Globalizations, States, Terrorism, and Law A. Disruptions to States and World Politics B. Transnational Counterterrorism Law IV. Implications for Law and Government A. Agenda-Setting B. Transgressions and Disruptions of Legal Categories C. Displacement of Power D. Erosions and Collapses of Spatial Boundaries E. Re-examinationof Normative Foundations V. Unintended Consequences, and Root Causes Selective Bibliography Chapter 39: Democracy and Human Rights Adjudication in the Inter-American Legal Space I. Introduction II. Transnational Inter-AmericanLaw III. Inter-AmericanConstitutionalism IV. Democracy in Inter-American Constitutionalism A. Gelman as an Expression of Inter-American Constitutionalism V. Legal Hierarchy and Democracy in the Inter-American Legal Space A. Communities of Practice in the Inter-American Legal Space B. Regional Democracy in the Inter-American Legal Space VI. Conclusion: Good Faith in Standard of Review Definition Selective Bibliography Chapter 40: The Global Governance Implications of Private International Law I. Introduction: The Political Economy of Private International Law II. The Technologies at Work A. Disembedding 1. Private Autonomy 2. Private Dispute Resolution B. Fragmentation and Disconnection 1. Privatization of Regulatory Space 2. Screening Liability and Accountability C. Muddling the Public/Private Divide 1. The Subordinate Status of Private Lawmaking 2. Lack of Accountability for Private Power 3. Public Sovereignty in the Private Market III. Conclusion: Expanding Regimes and Internal Balance Selective Bibliography Chapter 41: Stakes of The Right to Food in the Politics of Transnational Law I. Introduction II. Human Rights in Transnational Struggles III. Politics of Transnational Struggles for Right to Food A. Stakes of Human Rights Politics Outside the Ordinary Spaces B. Private and (Other) Multistakeholder Regulations of Food C. Food Sovereignty Movements, Local and Global D. Justiciability and Realization of Right to Food, Contextualized IV. Outlook of Transnational Legal Politics Selective Bibliography Chapter 42: Climate Change Governance, International Relations, and Politics: A Transnational Law Perspective I. Introduction II. Climate Change Factors in International Relations III. International Climate Change Law: Transnational by Design and Necessity 1. The Paris Agreement as a Deepening Nexus of International and Domestic Climate Law 2. The Role of Expert Communities and Networks 3. UNFCCC Dispute Resolution Mechanisms IV. Charting the Transnational Politics of Climate Governance A. Public International Law beyond the UNFCCC B. International Organizations and Initiatives C. Standardization D. Transnational Corporations and Supply Chains E. The Lex Mercatoria F. Private International Law V. Conclusion Selective Bibliography Chapter 43: Global Social Indicators and their Legitimacy in Transnational Law I Introduction II. Terminology and Relevance of Concepts A “Global Social Indicators” B “Legitimacy” III Dimensions of Legitimacy Applied to Global Social Indicators A “Input” or “Source-based”Legitimacy B “Output” or “Substantive” Legitimacy C “Throughput” or “Procedural” Legitimacy IV Conclusion Selective Bibliography Part IV: METHODOLOGIES: CHALLENGES AND APPROACHES Chapter 44: Transnational Law and Legal Positivism I. Introduction II. Features of Transnational Law A. Relative Independence from State Authorization B. Loose and Sometimes Absent Connection to Territory C. Dynamic D. Fragmentation E. Technocratic III. Core Commitments of Legal Positivism IV. Application and Renovation of Legal Positivism V. Methodological Continuity A. Analytical Legal Theory and Empirical Legal Studies B. Analytical Legal Theory and Moral and Political Concerns Selective Bibliography Chapter 45: With, Within, and Beyond the State: The Promise and Limits of Transnational Legal Ordering I. Introduction II With and Beyond the State: The State’s Ongoing Role A The “State” B International Arbitration as a Transnational Legal Order C Construction and Reconstruction of Commercial Transnational Legal Orders D Public International Law and Transnational Legal Orders III TLOs and State Transformations IV States and the Contingencies of TLO Institutionalization V So What? The Normative Dimension Selective Bibliography Chapter 46: Transnational Law and Feminist Legal Theory I Introduction II FLT and Gender, Sex, Sexuality A Critiques III “Transnational” Governance Feminism and Campaigns against Violence against Women A The Current Optics of TL and FLT: Two Narratives IV Gender and Rights in a Neoliberal Context V Conclusion Selective Bibliography Chapter 47: Transnational Law and the Ethnography of Corporate Social Responsibility I. Introduction II. Responsibility in the Global Economy: A Transnational Human Problem III. The Limits of Legal Knowledge IV. Ethnographies of Corporate Social Responsibility A. The Creation of Ethnographic Knowledge B. Anthropological Studies of Corporate Social Responsibility 1. CSR as Performance, Ritual, and Belief 2. CSR, the Corporate Form and Relational Personhood 3. CSR as Disengagement 4. CSR, the Corporate Gift and Reciprocity V. Conclusion Selective Bibliography Chapter 48: Transnational Law and Literatures: A Postcolonial Perspective I. Introduction: Transnational Legal Literatures, Metaphorically Speaking II. Background: Law and Literature III. Roots of Justice: The Round House IV. Transnational Law and Literature: Future Directions Selective Bibliography Chapter 49: Representing Transnational Law: Drone Warfare and Transnational Legal Text I. Transnational Law and Cultural Representations II. Approaching Transnational Law through Interdisciplinarity III. Transnational Law and Drone Warfare IV. Transnational Law as Spectacular War V. Law as Spectacle VI. Responsibility to Protect VII. Women Who Lead; Women Who Serve VIII. Spectacular Concealing IX. Transnationalizing Law as Spectacular War Selective Bibliography Part V: THE TRANSNATIONAL LEGAL PROFESSION AND LEGAL EDUCATION Chapter 50: Beyond Borders and Across Legal Traditions: The Transnationalization of Latin American Lawyers I. Introduction: Transnational Lawyering between Democratization and Globalization II. The Archetypal Latin American Transnational Lawyer: Elite and Foreign-trained III. Two Emerging Areas of Transnational Legal Practice in Latin America A. Mass Torts: Environmental Harm in the Risk Society B. Consumer Protection: Shopping for Consumer Redress in Foreign Courts IV. Conclusion Selective Bibliography Chapter 51: “Africa Needs Many Lawyers Trained for the Need of Their Peoples”: Struggles over Legal Education in Kwame Nkrumah’s Ghana I. Introduction II. From “Adaptation” to the “Gold Standard”: Education and the End of Empire III. “An Academic Centre of National Life”: The University College of the Gold Coast IV. “Lawyer-Merchants” and “VerandahBoys”: Politics and the Legal Profession V. “Positive Neutralism”: Colonial Freedom and the Cold War VI. “A Troubled University in a Troubled Land”: Conflict at Legon VII. “The Need for a Degree”: A Dispute over Legal Education VIII. “How the World Might Be Improved”: Bing’s Instrumentalism IX. “A Learned Profession”: Harvey’s Humanism X. “Inde "The Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law [TL] by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory as well as practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border-crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift requires a conscious effort also amongst law school classroom instructors, casebook authors and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges or bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust of the Handbook is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook feature numerous reflections on the relationship between transnational law and legal practice"-- Provided by publisher The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice. The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today.0The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice. --Résumé del'éditeur