A. Claire Cutler - Böcker

Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, this book develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, it illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.

Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, this book develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, it illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.

Explores in detail the degree to which private sector firms are beginning to replace governments in "governing" some areas of international relations.Governments today are too often unwilling to intervene in global commerce, and international organizations are too often unable to govern effectively. In their place, firms increasingly cooperate internationally to establish the rules and standards of behavior for themselves and for others, taking on the mantle of authority to govern specific issue areas. Are they stepping into the breach to supply needed collective goods? Or are they organizing themselves in order to prevent governments from interfering in their business? This book explores the meaning of this private international authority, both for theory and policy, through case studies of specific industries, associations, and issue areas in both contemporary and historical perspective.[Contributors include Pamela Burke, Lynn Mytelka and Michel Delapierre, Liora Salter, Susan Sell, Timothy Sinclair, Deborah Spar, and Michael Webb.]

Explores in detail the degree to which private sector firms are beginning to replace governments in "governing" some areas of international relations.Governments today are too often unwilling to intervene in global commerce, and international organizations are too often unable to govern effectively. In their place, firms increasingly cooperate internationally to establish the rules and standards of behavior for themselves and for others, taking on the mantle of authority to govern specific issue areas. Are they stepping into the breach to supply needed collective goods? Or are they organizing themselves in order to prevent governments from interfering in their business? This book explores the meaning of this private international authority, both for theory and policy, through case studies of specific industries, associations, and issue areas in both contemporary and historical perspective.[Contributors include Pamela Burke, Lynn Mytelka and Michel Delapierre, Liora Salter, Susan Sell, Timothy Sinclair, Deborah Spar, and Michael Webb.]

This path-breaking collection analyses the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neo-liberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policy-makers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations.

This path-breaking collection analyses the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neo-liberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policy-makers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations.

What is the relationship between law and capitalism - and what happens when their foundations collide with the climate crisis? In this groundbreaking work, A. Claire Cutler reveals how transnational corporations and the laws that shield them perpetuate environmental destruction while evading accountability. Developing a critical political economy analysis, Cutler traces the origins of corporate privilege in international law and shows how today's investment and value chain regimes reinforce this protected status, contrasting starkly with the precarious legal position of climate-displaced individuals. Challenging dominant theories that treat the crisis as abstract, Cutler argues for a transformative praxis of transnational law that confronts corporate responsibility head-on. In search of a utopian possibility for a better world order, this book examines the contradictions at the heart of law and capitalism and asks whether a just, sustainable future is still possible.

What is the relationship between law and capitalism - and what happens when their foundations collide with the climate crisis? In this groundbreaking work, A. Claire Cutler reveals how transnational corporations and the laws that shield them perpetuate environmental destruction while evading accountability. Developing a critical political economy analysis, Cutler traces the origins of corporate privilege in international law and shows how today's investment and value chain regimes reinforce this protected status, contrasting starkly with the precarious legal position of climate-displaced individuals. Challenging dominant theories that treat the crisis as abstract, Cutler argues for a transformative praxis of transnational law that confronts corporate responsibility head-on. In search of a utopian possibility for a better world order, this book examines the contradictions at the heart of law and capitalism and asks whether a just, sustainable future is still possible.

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 emergence 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 path-breaking. 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. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.