Politics of Private Transnational Governance by Contract

A. Claire Cutler is Professor of International Law and International Relations in the Political Science Department at the University of Victoria, British Columbia, Canada.Thomas Dietz is Professor of International Relations and International Law in the Institute of Political Science at the University of Münster, Germany.

‘Cutler and Dietz have brought together a diverse set of authors who together give us a brilliant critical interrogation of the rise of private sector experts in domains concerned with public interests. This has become an increasingly important and alarming issue. A must read.’ – Saskia Sassen, Columbia University, USA, author of Expulsions'In this path-breaking interdisciplinary volume of political scientists, sociologists, and legal scholars, the authors not only demonstrate that non-hierarchical "governance by contract" dominates both state and private regulations in the global political economy but they also elaborate the power dimension of these arrangements. A must read for anybody interested in knowing how the global economy ticks!' - Thomas Risse, Professor of International Politics, Freie Universität Berlin, Germany

• ForewordLiberalism’s Global Mirror: Worldwide Contracting and ‘No Alternative’?[Peer Zumbansen]IntroductionChapter 1The Politics of Private Transnational Governance by Contract: Introduction and Analytical Framework [A. Claire Cutler and Thomas Dietz]PART I: Analytical and Theoretical Dimensions of Private Transnational Governance by ContractChapter 2Contract as Normative Regulation and the Implied Rule of Law Christopher MayChapter 3Governance by Contract from a Perspective of Power: The Case of Land Grabbing[Doris Fuchs and Anne Hennings]PART II: Trade and Production: Global Value Chains and Transnational Private Governance by Contracts Chapter 4Private Transnational Governance in Global Value Chains: Contract as a Neglected Dimension [A. Claire Cutler]Chapter 5The New Gatekeeper: Ethical Audits as a Mechanism of Global Value Chain Governance[Genevieve LeBaron, Jane Lister, and Peter Dauvergne]Chapter 6Relational Contracts 2.0: Efficiency and Power[Thomas Dietz]PART III: Trade, Investment, and Dispute Settlement: Arbitration as Transnational Private Governance by ContractChapter 7Arbitration as Transnational Governance: Legitimacy Beyond Contract[Fabien Gélinas]Chapter 8Private Arbitration as a Mechanism for the Construction of Contractual Norms in Private-Public Relationships: The Case of Investor-State Arbitration[Edward Cohen]Chapter 9Theorizing Private Transnational Governance by Contract in the Investor-State Regime[A.Claire Cutler and David Lark]PART IV: Sectoral Specifications of Private Transnational Governance by ContractChapter 10Contractual Governance and Sectoral Fragmentation of Transnational Contract Law[Joshua Karton]Chapter 11Transnational Carbon Contracting: Why Law’s Invisibility Matters[Natasha Affolder]Chapter 12Merchants of Hegemony: Neoliberalism and the Legitimacy of Private Contractual Governance in the Transnational Cotton Trade[Amy A. Quark]Chapter 13Regulating Private Military Security Companies by Contract: Between Anarchy and Hierarchy? [A. Claire Cutler and Stephanie Law]ConclusionChapter 14Empire through Contract: A Private International Law Perspective[Horatia Muir Watt]