Gregory Shaffer, ‘Theorizing Transnational Legal Ordering of Private and Business Law’

Abstract:
This essay introduces a symposium issue that theorizes and assesses transnational legal ordering of private law and business regulation in relation to the state. Such law and regulation seek to produce order in an issue area that relevant actors construe as a problem. The issues that the symposium covers include labor rights, corporate social responsibility, the regulation of financial derivatives, and the allocation of authority among courts to hear transnational disputes. The applicable norms adopt various forms and they vary in their formally binding nature. They are transnational insofar as they transcend and permeate state boundaries. The symposium evaluates developments in these areas, and the challenges and limits various initiatives face. It concludes with articles by leading theorists of private law from a transnational perspective. The symposium participants respectively evaluate privately made norms addressing labor protection (Larry Catá Backer) and corporate social responsibility (Cynthia Williams), the regulation of financial derivatives (Hannah Buxbaum), conflict-of-laws regimes (Christopher Whytock), legal pluralism and TLOs (Peer Zumbansen), and the state as a TLO (Ralf Michaels).

Shaffer, Gregory, Theorizing Transnational Legal Ordering of Private and Business Law (2016). UC Irvine Journal of International, Transnational, and Comparative Law, Vol 1, pp 1-10, Fall 2016; UC Irvine School of Law Research Paper No 2017-34.

First posted 2017-06-19 06:45:37

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