Full Description
This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity.
Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics.
It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.
Contents
Foreword
Liberalism's Global Mirror: Worldwide Contracting and 'No Alternative'?
[Peer Zumbansen]
Introduction
Chapter 1
The Politics of Private Transnational Governance by Contract: Introduction and Analytical Framework
[A. Claire Cutler and Thomas Dietz]
PART I: Analytical and Theoretical Dimensions of Private Transnational Governance by Contract
Chapter 2
Contract as Normative Regulation and the Implied Rule of Law
Christopher May
Chapter 3
Governance by Contract from a Perspective of Power: The Case of Land Grabbing
[Doris Fuchs and Anne Hennings]
PART II: Trade and Production: Global Value Chains and Transnational Private Governance by Contracts
Chapter 4
Private Transnational Governance in Global Value Chains: Contract as a Neglected Dimension
[A. Claire Cutler]
Chapter 5
The New Gatekeeper: Ethical Audits as a Mechanism of Global Value Chain Governance
[Genevieve LeBaron, Jane Lister, and Peter Dauvergne]
Chapter 6
Relational Contracts 2.0: Efficiency and Power
[Thomas Dietz]
PART III: Trade, Investment, and Dispute Settlement: Arbitration as Transnational Private Governance by Contract
Chapter 7
Arbitration as Transnational Governance: Legitimacy Beyond Contract
[Fabien Gélinas]
Chapter 8
Private Arbitration as a Mechanism for the Construction of Contractual Norms in Private-Public Relationships: The Case of Investor-State Arbitration
[Edward Cohen]
Chapter 9
Theorizing Private Transnational Governance by Contract in the Investor-State Regime
[A.Claire Cutler and David Lark]
PART IV: Sectoral Specifications of Private Transnational Governance by Contract
Chapter 10
Contractual Governance and Sectoral Fragmentation of Transnational Contract Law
[Joshua Karton]
Chapter 11
Transnational Carbon Contracting: Why Law's Invisibility Matters
[Natasha Affolder]
Chapter 12
Merchants of Hegemony: Neoliberalism and the Legitimacy of Private Contractual Governance in the Transnational Cotton Trade
[Amy A. Quark]
Chapter 13
Regulating Private Military Security Companies by Contract: Between Anarchy and Hierarchy?
[A. Claire Cutler and Stephanie Law]
Conclusion
Chapter 14
Empire through Contract: A Private International Law Perspective
[Horatia Muir Watt]
