The Politics Of Private Transnational Governance By Contract
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| Author | : A. Claire Cutler |
| Publisher | : Taylor & Francis |
| Total Pages | : 331 |
| Release | : 2017-03-31 |
| Genre | : Business & Economics |
| ISBN | : 1315409569 |
Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index
| Author | : K. Dingwerth |
| Publisher | : Springer |
| Total Pages | : 275 |
| Release | : 2015-12-11 |
| Genre | : Social Science |
| ISBN | : 0230590144 |
This book explores what the privatization of global rule-making means for democracy. It reconstructs three prominent rule-making processes in the field of global sustainability politics and argues that, if designed properly, private transnational rule-making can be as democratic as intergovernmental rule-making.
| Author | : Jean-Christophe Graz |
| Publisher | : Routledge |
| Total Pages | : 522 |
| Release | : 2007-09-12 |
| Genre | : Political Science |
| ISBN | : 1134122462 |
This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.
| Author | : Christian Joerges |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 402 |
| Release | : 2004-06-30 |
| Genre | : Law |
| ISBN | : 1847311776 |
The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.
| Author | : Gralf-Peter Calliess |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 382 |
| Release | : 2010-05-31 |
| Genre | : Law |
| ISBN | : 1847315828 |
Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.
| Author | : Horatia Muir Watt |
| Publisher | : |
| Total Pages | : 401 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0198727623 |
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
| Author | : Christian Tietje |
| Publisher | : BRILL |
| Total Pages | : 1105 |
| Release | : 2009-10-14 |
| Genre | : Business & Economics |
| ISBN | : 9004181563 |
This Handbook builds on recent attempts to understand new and evolving patterns of global governance by identifying, describing, and analysing more than 80 of the most significant actors in the regulation and administration of contemporary transnational economic affairs.
| Author | : D. Stone |
| Publisher | : Springer |
| Total Pages | : 239 |
| Release | : 2013-08-29 |
| Genre | : Political Science |
| ISBN | : 1137022914 |
Diane Stone addresses the network alliances or partnerships of international organisations with knowledge organisations and networks. Moving beyond more common studies of industrial public-private partnerships, she addresses how, and why, international organisations and global policy actors need to incorporate ideas, expertise and scientific opinion into their 'global programmes'. Rather than assuming that the encouragement for 'evidence-informed policy' in global and regional institutions of governance is an indisputable public good, she queries the influence of expert actors in the growing number of part-private or semi-public policy networks.
| Author | : Leonard Seabrooke |
| Publisher | : Cambridge University Press |
| Total Pages | : 366 |
| Release | : 2017-10-12 |
| Genre | : Political Science |
| ISBN | : 1316858057 |
Who controls how transnational issues are defined and treated? In recent decades professional coordination on a range of issues has been elevated to the transnational level. International organizations, non-governmental organizations (NGOs) and firms all make efforts to control these issues. This volume shifts focus away from looking at organizations and zooms in on how professional networks exert control in transnational governance. It contributes to research on professions and expertise, policy entrepreneurship, normative emergence, and change. The book provides a framework for understanding how professionals and organizations interact, and uses it to investigate a range of transnational cases. The volume also deploys a strong emphasis on methodological strategies to reveal who controls transnational issues, including network, sequence, field, and ethnographic approaches. Bringing together scholars from economic sociology, international relations, and organization studies, the book integrates insights from across fields to reveal how professionals obtain and manage control over transnational issues.
| Author | : Thomas Hale |
| Publisher | : John Wiley & Sons |
| Total Pages | : 296 |
| Release | : 2018-02-12 |
| Genre | : Political Science |
| ISBN | : 1509530274 |
When we speak of global governance today, we no longer mean simply state-to-state diplomacy, international treaties, or intergovernmental organizations like the United Nations. Alongside these ‘traditional' elements of global politics are a host of new institutions ranging from global networks of governmental officials, to private codes of conduct for corporations, to action-oriented partnerships of NGOs, governments, corporations, and other actors. These innovative mechanisms offer intriguing solutions to pressing transnational challenges as diverse as climate change, financial governance, workers' rights, and public health. But they also raise new questions about the effectiveness and legitimacy of transnational governance. An expanding body of scholarship has sought to identify and assess these new forms of governance, but this young body of work has lacked a sense of the larger picture. This volume seeks to fill that need by presenting a comprehensive overview of new forms of transnational governance. This resource is essential for those who want to explain why transborder governance has changed and to understand what implications these changes have for global politics.
