Description
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.
Table of Contents
PrefaceAcknowledgementsI. Foundations1. Transnational Law: Theories & ApplicationsPeer Zumbansen2. Normative and Legal Pluralism: A Global PerspectiveWilliam Twining3. Transnational Law and Economic SociologySabine Frerichs4. Out of Sight: Transnational Legal CulturesHelge Dedek5. The Post-Modern Normative Anxiety of Transnational Legal StudiesGiulia LeonelliII. Fields6. Transnational ConstitutionalismChristopher Thornhill7. Transnational Administrative LawKarl-Heinz Ladeur8. Transnational Criminal LawPrabha Kotiswaran & Nicola Palmer9. Transnational Health LawAziza Ahmed10. Recognizing Transnational Refugee LawSatvinder Juss11. Transnational Climate LawNatasha Affolder12. Transnational Food LawMatthew Canfield13. International Investment Law as Transnational LawNicolás Perrone14. Transnational Antitrust LawHannah L. Buxbaum15. Transnational Mining LawSara Seck16. The Standardization of Oil and Gas Law: Transnational Layers of GovernanceDjakhongir Saidov17. Law & DevelopmentAmanda Perry-Kessaris18. Transnational Space LawKevin Madders19. Transnational Internet LawChris Marsden20. Transnational Commercial LawShahla Ali21. Transnational Arbitration LawFlorian Grisel22. Transnational Law and Conflict of Laws: A Japanese PerspectiveDai Yokomizo23. Transnational Sports LawAntoine Duval24. Transnational Contract LawKlaas Hendrik Eller25. Transnational Property LawPriya S. Gupta26. Transnational Tort LawCees van Dam27. Transnational Family LawClaire Fenton-Glynn28. Architects, Landscapers and Gardeners in the Transnational Futures of International Labour LawAdelle Blackett29. Transnational Corporate GovernanceDionysia Katelouzou & Peer Zumbansen30. Transnational Art Law - Maps and ItinerariesVik Kanwar & Jaya NeupaneyIII. Legitimacy and Politics of Transnational Regulatory Governance31. Transnational Migration Law: Authority, Contestation, DecolonizationSara Dehm32. Contextualization as a (Feminist) Method for Transnational Legal PracticeFarnush Ghadery33. Queering the Transnational: Law and SexualityDipika Jain34. The Social Question in a Transnational ContextAlexander Somek35. The Problem of the Enterprise and the Enterprise of Law: Multinational Enterprises as Polycentric Transnational Regulatory SpaceLarry Catá Backer36. Reclaiming Sovereignty: Resistance to Transnational Authority and the Investor-State RegimeA. Claire Cutler37. Transnational Sustainability Governance and the LawPhillip Paiement38. Terrorism and Transnational Law: Rules of Law Under Conditions of GlobalizationCian C. Murphy39. Democracy and Human Rights Adjudication in the Inter-American Legal SpaceRene Urueña40. The Global Governance Implications of Private International LawHoratia Muir Watt41. Stakes of the Right to Food in the Politics of Transnational LawNaoyuki Okano42. Climate Change Governance, International Relations and Politics: A Transnational Law PerspectiveStephen Minas43. Global Social Indicators and their Legitimacy in Transnational LawMathias Siems & David NelkenIV. Methodologies: Challenges and Approaches44. Transnational Law and Legal PositivismMichael Giudice & Eric Scarffe45. With, Within, and Beyond the State: The Promise and Limits of Transnational Legal OrderingGregory Shaffer & Terence Halliday46. Transnational Law and Feminist Legal TheoryRatna Kapur47 Transnational Law and the Ethnography of Corporate Social ResponsibilityLaura Knöpfel48. Transnational Law and Literatures: A Postcolonial PerspectiveAmanda Lagji49. Representing Transnational Law: Drone Warfare and Transnational Legal TextJothie RajahV. The Transnational Legal Profession and Legal Education50. Beyond Borders and Across Legal Traditions: The Transnationalization of Latin American LawyersManuel A. Gómez51. 'Africa Needs Many Lawyers Trained for the Need of their Peoples'Struggles over Legal Education in Kwame Nkrumah's GhanaJohn Harrington & Ambreena Manji52. Transnational Legal Education in ChinaStephen Minas53. Transnational Legal EducationEve Darian-Smith



