ABSTRACT
Fiduciaries frequently confront transnational situations. Yet, even as people, products, and capital have become more mobile, scholars have until recently given little attention to the transnational dimensions of fiduciary law. This chapter conceptualizes transnational fiduciary law, a term that marries the fields of fiduciary and transnational law. It identifies two primary understandings of the concept and explores their scope and possible content.
Under the first interpretation of this composite concept, the term transnational qualifies what fiduciary scholars have conventionally understood as fiduciary law. Transnational fiduciary law, on this view, encompasses the application of fiduciary law to transnational problems and situations. Under the second interpretation, transnational fiduciary law refers not to fiduciary law as applied in transnational contexts but rather to transnational law governing the conduct of fiduciaries …
Tuch, Andrew F, A Narrow View of Transnational Fiduciary Law (January 1, 2020) in Transnational Fiduciary Law (S Davis, T Kuntz and G Shaffer eds, Cambridge University Press, 2023); Washington University in St Louis Legal Studies Research Paper No 22-09-04.
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