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Author:   Peer Zumbansen (King's College London)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.80cm , Height: 3.00cm , Length: 23.50cm
Weight:   0.860kg
ISBN:  

9781108490269

ISBN 10:   1108490263
Pages:   536
Publication Date:   02 April 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

Introduction: transnational law, with and beyond Jessup Peer Zumbansen; Part I. Transnational Law: The Public and the Private: 1. Jessup at the United Nations: international legacy, transnational possibilities Stephen Minas; 2. The concept of a global legal system Christopher A. Whytock; 3. How comity makes transnationalism work Thomas Schultz and Niccolò Ridi; Part II. Transnational Law as Regulatory Governance: 4. Aiding and abetting in theorising the increasing softification of the international normative order – a darker legacy of Jessup's transnational law? Karsten Nowrot; 5. From international law to transnational law, from transnational law to transnational legal orders Gregory Shaffer and Carlos Coye; 6. Transnational law in the Pacific Century: mapping pesticide regulation in China Francis Snyder, Zhouke Hu and Lili Ni; 7. Transnational law in context: the relevance of Jessup's analysis for the study of 'international' arbitration Florian Grisel; 8. Transnational Law and Adjudication – Domestic, International and Foreign Intersections Bryan Horrigan; 9. Transnational Law and Global Dispute Resolution Shahla Ali; 10. Conflicts of law and the challenge of transnational data flows Paul Schiff Berman; 11. What lex sportiva tells you about transnational law Antoine Duval; 12. Family law: a blindspot Ivana Isailovic; Part III. Transnational Law: The Field's Normative Stakes: 13. Locating private transnational authority in the global political economy A. Claire Cutler; 14. Transnational law as drama Jothie Rajah; 15. Transnational law as unseen law Natasha Affolder; 16. The Cri De Jessup sixty years later: transnational law's intangible objects and abstracted frameworks Larry Catá Backer; 17. The private life of transnational law: reading Jessup from the postcolony Prabhakar Singh; 18. After the backlash: a new pride for transnational law? Ralf Michaels; Part IV. Conclusion: Epilogue – difficulties for every solution: defining transnational law at the edge of transdisciplinarity Vik Kanwar.

Reviews

'This volume brings together leading international scholars - from various mainstream as well as critical and interdisciplinary perspectives - to explore the historical and contemporary normative frameworks, public and private actors, and contested power relations in the ever-expanding field of transnational law. Drawing upon the ground-breaking contributions of Philip Jessup in the wake of WWII, the volume points to the innovations of current scholarship that analyze transborder legal processes as collective and discursive practice. Since many aspects of transnational law are largely unregulated by state governments, the volume rightly asks to what degree does transnational law contribute to today's crises of democratic governance? Given what is at stake, the volume is essential reading for scholars and practitioners grappling with the increasing complexities of transnational legal formations in the twenty-first century.' Eve Darian-Smith, University of California, Irvine 'From Jessup's first insights on transnational law, itself situated somewhere between the public and private international legal varieties, emerges the riddle of the 'in-between': inter-legalities, inter-normativities, inter-textualities. Further questions arise: How do we understand law beyond the state, across geographical and disciplinary boundaries, if not as a motley assemblage of claims to legitimacy, soft and hard, crossing and muddling familiar boundaries, aspiring to both global and subnational validity? What exactly is being globalized as law today? What epistemologies are available in order to capture its transformations? This stimulating collection of very diverse 'multi-dimensional' viewpoints from around the world - by pragmatists, pluralists, feminists, post-colonialists, comparatists, historians ... - engages a wide selection of topics, including data flows, arbitration, sports law, environmental regulation, dispute resolution, family, and others - through an equally ample range of conceptual and, indeed, emotional registers - comity, cooperation but also the drama, the unseen, the darker legacy ... - to enrich our legal imaginaries.' Horatia Muir Watt, Ecole de droit, Sciences-po, Paris 'Jessup magisterially named a phenomenon that promises to saturate the world - the magnetic pull of law towards arrays of problems whose solution extends beyond the state. The seemingly endless proliferation of actual and aspirant legal orders in the transnational demands precisely the relentlessly creative, critical and constructive reflections in this timely volume. It is all here - transnational law as texts and institutions, form and function, drama and symbol, emotion and reason, fact and value, as it confronts food security, global sustainability, terrorism, sport and the family, and much else. No mere jurists' playground, this book presses legal scholars into lively conversation with social scientists who also grapple with law's insatiable reach to problem-solving worldwide. Many Lives is a singular achievement and worthy of searching reflection by scholars and transnational lawmakers alike.' Terence C. Halliday, American Bar Foundation 'Transnational Law is more than and different from Public International Law. This idea encompasses a whole world of facts, of instruments and of thoughts. Over the past sixty years, Transnational Law has ventured far beyond the circles of international lawyers as it continues to resonate with efforts in political science, theory and philosophy to conceptualize political order and democratic legitimacy across the nation-state's boundaries. The gift of writings presented here to Jessup and to the legal community at the 60th anniversary of the first publication of 'Transnational Law' sketches and revisits this history and idea in a truly congenial way - dense, thoughtful, and inspiring.' Stefan Grundmann, European University Institute, Florence and Humboldt-Universitat zu Berlin `This volume brings together leading international scholars - from various mainstream as well as critical and interdisciplinary perspectives - to explore the historical and contemporary normative frameworks, public and private actors, and contested power relations in the ever-expanding field of transnational law. Drawing upon the ground-breaking contributions of Philip Jessup in the wake of WWII, the volume points to the innovations of current scholarship that analyze transborder legal processes as collective and discursive practice. Since many aspects of transnational law are largely unregulated by state governments, the volume rightly asks to what degree does transnational law contribute to today's crises of democratic governance? Given what is at stake, the volume is essential reading for scholars and practitioners grappling with the increasing complexities of transnational legal formations in the twenty-first century.' Eve Darian-Smith, University of California, Irvine `From Jessup's first insights on transnational law, itself situated somewhere between the public and private international legal varieties, emerges the riddle of the `in-between': inter-legalities, inter-normativities, inter-textualities. Further questions arise: How do we understand law beyond the state, across geographical and disciplinary boundaries, if not as a motley assemblage of claims to legitimacy, soft and hard, crossing and muddling familiar boundaries, aspiring to both global and subnational validity? What exactly is being globalized as law today? What epistemologies are available in order to capture its transformations? This stimulating collection of very diverse `multi-dimensional' viewpoints from around the world - by pragmatists, pluralists, feminists, post-colonialists, comparatists, historians ... - engages a wide selection of topics, including data flows, arbitration, sports law, environmental regulation, dispute resolution, family, and others - through an equally ample range of conceptual and, indeed, emotional registers - comity, cooperation but also the drama, the unseen, the darker legacy ... - to enrich our legal imaginaries.' Horatia Muir Watt, Ecole de droit, Sciences-po, Paris `Jessup magisterially named a phenomenon that promises to saturate the world - the magnetic pull of law towards arrays of problems whose solution extends beyond the state. The seemingly endless proliferation of actual and aspirant legal orders in the transnational demands precisely the relentlessly creative, critical and constructive reflections in this timely volume. It is all here - transnational law as texts and institutions, form and function, drama and symbol, emotion and reason, fact and value, as it confronts food security, global sustainability, terrorism, sport and the family, and much else. No mere jurists' playground, this book presses legal scholars into lively conversation with social scientists who also grapple with law's insatiable reach to problem-solving worldwide. Many Lives is a singular achievement and worthy of searching reflection by scholars and transnational lawmakers alike.' Terence C. Halliday, American Bar Foundation `Transnational Law is more than and different from Public International Law. This idea encompasses a whole world of facts, of instruments and of thoughts. Over the past sixty years, Transnational Law has ventured far beyond the circles of international lawyers as it continues to resonate with efforts in political science, theory and philosophy to conceptualize political order and democratic legitimacy across the nation-state's boundaries. The gift of writings presented here to Jessup and to the legal community at the 60th anniversary of the first publication of `Transnational Law' sketches and revisits this history and idea in a truly congenial way - dense, thoughtful, and inspiring.' Stefan Grundmann, European University Institute, Florence and Humboldt-Universitat zu Berlin

'This volume brings together leading international scholars - from various mainstream as well as critical and interdisciplinary perspectives - to explore the historical and contemporary normative frameworks, public and private actors, and contested power relations in the ever-expanding field of transnational law. Drawing upon the ground-breaking contributions of Philip Jessup in the wake of WWII, the volume points to the innovations of current scholarship that analyze transborder legal processes as collective and discursive practice. Since many aspects of transnational law are largely unregulated by state governments, the volume rightly asks to what degree does transnational law contribute to today's crises of democratic governance? Given what is at stake, the volume is essential reading for scholars and practitioners grappling with the increasing complexities of transnational legal formations in the twenty-first century.' Eve Darian-Smith, University of California, Irvine 'From Jessup's first insights on transnational law, itself situated somewhere between the public and private international legal varieties, emerges the riddle of the 'in-between': inter-legalities, inter-normativities, inter-textualities. Further questions arise: How do we understand law beyond the state, across geographical and disciplinary boundaries, if not as a motley assemblage of claims to legitimacy, soft and hard, crossing and muddling familiar boundaries, aspiring to both global and subnational validity? What exactly is being globalized as law today? What epistemologies are available in order to capture its transformations? This stimulating collection of very diverse 'multi-dimensional' viewpoints from around the world - by pragmatists, pluralists, feminists, post-colonialists, comparatists, historians ... - engages a wide selection of topics, including data flows, arbitration, sports law, environmental regulation, dispute resolution, family, and others - through an equally ample range of conceptual and, indeed, emotional registers - comity, cooperation but also the drama, the unseen, the darker legacy ... - to enrich our legal imaginaries.' Horatia Muir Watt, Ecole de droit, Sciences-po, Paris 'Jessup magisterially named a phenomenon that promises to saturate the world - the magnetic pull of law towards arrays of problems whose solution extends beyond the state. The seemingly endless proliferation of actual and aspirant legal orders in the transnational demands precisely the relentlessly creative, critical and constructive reflections in this timely volume. It is all here - transnational law as texts and institutions, form and function, drama and symbol, emotion and reason, fact and value, as it confronts food security, global sustainability, terrorism, sport and the family, and much else. No mere jurists' playground, this book presses legal scholars into lively conversation with social scientists who also grapple with law's insatiable reach to problem-solving worldwide. Many Lives is a singular achievement and worthy of searching reflection by scholars and transnational lawmakers alike.' Terence C. Halliday, American Bar Foundation 'Transnational Law is more than and different from Public International Law. This idea encompasses a whole world of facts, of instruments and of thoughts. Over the past sixty years, Transnational Law has ventured far beyond the circles of international lawyers as it continues to resonate with efforts in political science, theory and philosophy to conceptualize political order and democratic legitimacy across the nation-state's boundaries. The gift of writings presented here to Jessup and to the legal community at the 60th anniversary of the first publication of 'Transnational Law' sketches and revisits this history and idea in a truly congenial way - dense, thoughtful, and inspiring.' Stefan Grundmann, European University Institute, Florence and Humboldt-Universitat zu Berlin 'This volume brings together leading international scholars - from various mainstream as well as critical and interdisciplinary perspectives - to explore the historical and contemporary normative frameworks, public and private actors, and contested power relations in the ever-expanding field of transnational law. Drawing upon the ground-breaking contributions of Philip Jessup in the wake of WWII, the volume points to the innovations of current scholarship that analyze transborder legal processes as collective and discursive practice. Since many aspects of transnational law are largely unregulated by state governments, the volume rightly asks to what degree does transnational law contribute to today's crises of democratic governance? Given what is at stake, the volume is essential reading for scholars and practitioners grappling with the increasing complexities of transnational legal formations in the twenty-first century.' Eve Darian-Smith, University of California, Irvine 'From Jessup's first insights on transnational law, itself situated somewhere between the public and private international legal varieties, emerges the riddle of the 'in-between': inter-legalities, inter-normativities, inter-textualities. Further questions arise: How do we understand law beyond the state, across geographical and disciplinary boundaries, if not as a motley assemblage of claims to legitimacy, soft and hard, crossing and muddling familiar boundaries, aspiring to both global and subnational validity? What exactly is being globalized as law today? What epistemologies are available in order to capture its transformations? This stimulating collection of very diverse 'multi-dimensional' viewpoints from around the world - by pragmatists, pluralists, feminists, post-colonialists, comparatists, historians ... - engages a wide selection of topics, including data flows, arbitration, sports law, environmental regulation, dispute resolution, family, and others - through an equally ample range of conceptual and, indeed, emotional registers - comity, cooperation but also the drama, the unseen, the darker legacy ... - to enrich our legal imaginaries.' Horatia Muir Watt, Ecole de droit, Sciences-po, Paris 'Jessup magisterially named a phenomenon that promises to saturate the world - the magnetic pull of law towards arrays of problems whose solution extends beyond the state. The seemingly endless proliferation of actual and aspirant legal orders in the transnational demands precisely the relentlessly creative, critical and constructive reflections in this timely volume. It is all here - transnational law as texts and institutions, form and function, drama and symbol, emotion and reason, fact and value, as it confronts food security, global sustainability, terrorism, sport and the family, and much else. No mere jurists' playground, this book presses legal scholars into lively conversation with social scientists who also grapple with law's insatiable reach to problem-solving worldwide. Many Lives is a singular achievement and worthy of searching reflection by scholars and transnational lawmakers alike.' Terence C. Halliday, American Bar Foundation 'Transnational Law is more than and different from Public International Law. This idea encompasses a whole world of facts, of instruments and of thoughts. Over the past sixty years, Transnational Law has ventured far beyond the circles of international lawyers as it continues to resonate with efforts in political science, theory and philosophy to conceptualize political order and democratic legitimacy across the nation-state's boundaries. The gift of writings presented here to Jessup and to the legal community at the 60th anniversary of the first publication of 'Transnational Law' sketches and revisits this history and idea in a truly congenial way - dense, thoughtful, and inspiring.' Stefan Grundmann, European University Institute, Florence and Humboldt-Universitat zu Berlin

Author Information

Peer Zumbansen is the founding Director of the Transnational Law Institute at King's College London and teaches at King's and Osgoode Hall Law School, Toronto. He is the series editor of Cambridge Studies in Transnational Law and co-editor-in-chief of Transnational Legal Theory.

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