Gregory Shaffer - Böcker

This book, with contributors from nine countries, seeks to critically understand the processes of legal education reform and resistance and to point to what these processes mean for law and lawyers inside and outside of the United States. The book seeks to understand the forces driving these processes and to evaluate their implications. Its substantive chapters provide critical insights into how these transnational processes operate in different jurisdictions around the world in light of globalization and local competition. Taken together, the chapters show how institutions and practices of legal education have historically moved across jurisdictions and shaped legal education practices transnationally, as well as the challenges and limits these processes have faced. The chapters also show how that diffusion relates to empires and imperial competition, and in particular today to the rise in power of the United States after the Cold War-and the related diffusion of neoliberal economic policies that have also fueled the spread of corporate law firms modeled on the United States. The book shows how local processes play and evolve in relation to global balances of power.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.

Fiduciary law is important transnationally, particularly in the context of global capitalism. Fiduciary law's characteristic regard for others offers a response to the pursuit of unconstrained self-interest in business and government relations, potentially implicating the exercise of both private and public power. Stakeholders have invoked it not only to address traditional private law matters, but also to enjoin transnational corporations to respect human rights, to combat public corruption, and to constrain national governments to respect the rights of Indigenous Peoples. This book focuses on the processes through which conceptualizations of fiduciary relationships and fiduciary norms may (or may not) settle transnationally - or become unsettled - as actors invoke fiduciary norms to address problems in different domains, including across borders. It identifies complications and challenges of any transnational convergence of fiduciary norms that fiduciary theorists often elide. This book is also available as Open Access on Cambridge Core.

The Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world. This title is also available as Open Access on Cambridge Core.

The Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world. This title is also available as Open Access on Cambridge Core.

This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).

This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).

Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.

Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.

Victorious after World War II and the Cold War, the United States and its allies largely wrote the rules for international trade and investment. Yet, by 2020, it was the United States that became the great disrupter - disenchanted with the rules' constraints. Paradoxically, China, India, Brazil, and other emerging economies became stakeholders in and, at times, defenders of economic globalization and the rules regulating it. Emerging Powers and the World Trading System explains how this came to be and addresses the micropolitics of trade law - what has been developing under the surface of the business of trade through the practice of law, which has broad macro implications. This book provides a necessary complement to political and economic accounts for understanding why, at a time of hegemonic transition where economic security and geopolitics assume greater roles, the United States challenged, and emerging powers became defenders, of the legal order that the United States created.

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

Victorious after World War II and the Cold War, the United States and its allies largely wrote the rules for international trade and investment. Yet, by 2020, it was the United States that became the great disrupter - disenchanted with the rules' constraints. Paradoxically, China, India, Brazil, and other emerging economies became stakeholders in and, at times, defenders of economic globalization and the rules regulating it. Emerging Powers and the World Trading System explains how this came to be and addresses the micropolitics of trade law - what has been developing under the surface of the business of trade through the practice of law, which has broad macro implications. This book provides a necessary complement to political and economic accounts for understanding why, at a time of hegemonic transition where economic security and geopolitics assume greater roles, the United States challenged, and emerging powers became defenders, of the legal order that the United States created.

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

This open access book is the first of its kind to address a question of both theoretical and practical significance: how do countries or entities approach economic cooperation in the face of vexing political concerns and overlapping sovereignty claims? Built upon three contemporary case studies on North-South Korea, China-Taiwan, and North-South Cyprus – representative pairs of ‘divided nations’, broadly defined – the book explores from both an empirical and a conceptual perspective the underlying factors, approaches and patterns that influence the economic relationship between the two sides.The book examines complex dynamics and identifies critical factors across the case studies, making a timely contribution to debates surrounding sovereignty, democracy and legitimacy in the context of international economic laws given the shifting geopolitical landscape. It further informs countries that do not share the same features of divided nations but nonetheless experience diplomatic crises or military conflicts, which render their economic cooperation sensitive and strenuous.This book is a must-read for researchers, trade lawyers, and students in international law and international relations. It also serves as a valuable asset for negotiators, diplomats and policymakers, providing crucial insights for making decisions that can either escalate or de-escalate geopolitical conflicts.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Academia Sinica Thematic Program.

Geographical Indications (GIs), widely used in the European context, are being promoted as vehicles for local development: but do they truly serve the interests of the Global South? Can they foster meaningful change in former colonial societies? This open access book interrogates these questions through a critical legal lens grounded in Third World Approaches to International Law (TWAIL), to assess whether GIs—codified in international trade agreements like the EU-CARIFORUM Economic Partnership Agreement—can support ‘development from within’ for the small island developing states of the Caribbean.Providing a fresh perspective on the colonial roots, current utility, and future potential of GI laws, the book engages with Caribbean realities and includes global case studies from Demerara rum in Guyana, Ethiopian coffee, Indian Darjeeling tea, Colombian coffee, Mexican Tequila, and Barbados Rum.In a world shaped by international trade rules, GIs and Sustainable Development offer a powerful lens into how the law of origin-linked products—like Champagne, Tequila, and Jamaican Rum—can shape futures for postcolonial states.Geographical Indications in International Trade is essential reading for academics, policymakers, legal practitioners, and development professionals seeking to understand the tensions between intellectual property law and sustainable development. It challenges readers to rethink international trade rules and consider how GI law can be reclaimed by third-world nations as a transformative tool for heritage-based, sustainable economic development.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

This book fills the urgent need for a comprehensive understanding of the law, institutions, and processes shaping international economic dispute settlement within and beyond Africa.African economies are becoming increasingly central in global trade networks. Understanding the continent’s dispute resolution mechanisms is more crucial now than ever. The book systematically analyses the existing sub-regional courts and arbitral tribunals, as well as their roles. It achieves this by focusing on Africa's leading socio-legal actors involved in economic dispute settlement, including African States, transnational corporations, African international law scholars, international organisations, and African emerging transnational actors in arbitration. These 5 pillars create an ecology of socio-legal actors, interacting and intersecting to generate a complex social, political, historical, and legal variation matrix for understanding African international economic dispute settlement.The book covers the 2 main international economic dispute settlement divisions: international court litigation and international public and private arbitration. It also carefully analyses sub-regional international economic courts and international public and private arbitrations in Africa through a Third World Approaches to International Law (TWAIL) lens and socio-legal actors methodology.International Economic Dispute Settlement in Africa provides invaluable insights for legal professionals, policymakers, researchers, and business leaders navigating the complexities of African dispute resolution.Winner of the 2024 SIEL–Hart Prize in International Economic Law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction provides the first concise and integrated exploration of the five core sub-fields of international economic law (IEL) (trade, investment, money, finance, and tax). Gregory Shaffer and Michael Waibel assess the contested principles, concepts, and contemporary challenges of IEL.Key Features:Brings together diverse perspectives to outline potential pathways for reformExamines binding law as well as non-binding instruments and mechanisms with significant impacts on private cross-border economic activityAnalyses how these five core sub-fields implicate other areas of law, such as intellectual property, competition, labour, and environmental lawAddresses critical issues and challenges in comparative chapters on governance and dispute resolution, liberalization and market access, non-discrimination, fairness, and state regulatory autonomyThis insightful Advanced Introduction is an excellent resource for students and scholars of IEL across its sub-fields. It is also a useful guide for policymakers and lawmakers interested in shaping and implementing IEL in light of contemporary challenges amidst considerable uncertainty.