The politics of private transnational governance by contract / edited by A. Claire Cutler and Thomas Dietz.
2017
KZ1268 .P65 2017 (Map It)
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Details
Title
The politics of private transnational governance by contract / edited by A. Claire Cutler and Thomas Dietz.
Published
Abingdon, Oxon ; New York, NY : Routledge, an imprint of the Taylor & Francis Group, 2017.
Call Number
KZ1268 .P65 2017
ISBN
9781138221758 hardback
1138221759 hardback
9781315409573 electronic book
1138221759 hardback
9781315409573 electronic book
Description
xxii, 308 pages ; 24 cm.
System Control No.
(OCoLC)978250493
Summary
"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 energence 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 pathbreaking. 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."--Page [iii].
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of tables
x
Acknowledgements
xi
List of contributors
xii
Foreword: Liberalism's global mirror: Worldwide contracting and `no alternative'? / Peer Zumbansen
xiii
overview of the volume
xviii
1.
politics of private transnational governance by contract: Introduction and analytical framework / Thomas Dietz
1
pt. I
Analytical and Theoretical Dimensions of Private Transnational Governance by Contract
37
2.
Contract as normative regulation and its relation to the rule of law / Christopher May
39
3.
Governance by contract from a perspective of power: The case of land grabbing / Anne Hennings
57
pt. II
Trade and Production: Global Value Chains and Transnational Private Governance by Contract
77
4.
Private transnational governance in global value chains: Contract as a neglected dimension / A. Claire Cutler
79
5.
new gatekeeper: Ethical audits as a mechanism of global value chain governance / Peter Dauvergne
97
6.
Relational contracts 2.0: Efficiency and power / Thomas Dietz
115
pt. III
Trade, Investment, and Dispute Settlement: Arbitration as Transnational Private Governance by Contract
131
7.
Arbitration as transnational governance: Legitimacy beyond contract / Fabien Gelinas
133
8.
Private arbitration as a mechanism for the construction of contractual norms in private-public relationships: The case of investor-state arbitration / Edward Cohen
151
9.
Theorizing private transnational governance by contract in the investor-state regime / David Lark
169
pt. IV
Sectoral Specifications of Private Transnational Governance by Contract
193
10.
Contractual governance and sectoral fragmentation of transnational contract law / Joshua Karton
195
11.
Transnational carbon contracting: Why law's invisibility matters / Natasha Affolder
215
12.
Merchants of hegemony: Neoliberalism and the legitimacy of private contractual governance in the transnational cotton trade / Amy A. Quark
237
13.
Regulating private military security companies by contract: Between anarchy and hierarchy? / Stephanie Law
255
14.
Conclusion: Empire through contract: A private international law perspective / Horatia Muir Watt
277
Index
300