دانلود کتاب The Many Lives of Transnational Law: Critical Engagements with Jessup's Bold Proposal

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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