The Oxford Handbook of Transnational Law

ISBN : 9780197547410

Lavanya Rajamani; Jacqueline Peel
1264 ページ
171 x 248 mm
Oxford Handbooks
  • Features comprehensive coverage of key domestic and international legal fields from a Transnational Law perspective
  • Offers socio-legal, philosophical, jurisprudential, comparative, and anthropological analysis of Transnational Law
  • Includes comprehensive engagement with the contested and debated legitimacy challenges in transnational law

The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.



I. Foundations
1. Transnational Law: Theories & Applications
Peer Zumbansen
2. Normative and Legal Pluralism: A Global Perspective
William Twining
3. Transnational Law and Economic Sociology
Sabine Frerichs
4. Out of Sight: Transnational Legal Cultures
Helge Dedek
5. The Post-Modern Normative Anxiety of Transnational Legal Studies
Giulia Leonelli

II. Fields
6. Transnational Constitutionalism
Christopher Thornhill
7. Transnational Administrative Law
Karl-Heinz Ladeur
8. Transnational Criminal Law
Prabha Kotiswaran & Nicola Palmer
9. Transnational Health Law
Aziza Ahmed
10. Recognizing Transnational Refugee Law
Satvinder Juss
11. Transnational Climate Law
Natasha Affolder
12. Transnational Food Law
Matthew Canfield
13. International Investment Law as Transnational Law
Nicolás Perrone
14. Transnational Antitrust Law
Hannah L. Buxbaum
15. Transnational Mining Law
Sara Seck
16. The Standardization of Oil and Gas Law: Transnational Layers of Governance
Djakhongir Saidov
17. Law & Development
Amanda Perry-Kessaris
18. Transnational Space Law
Kevin Madders
19. Transnational Internet Law
Chris Marsden
20. Transnational Commercial Law
Shahla Ali
21. Transnational Arbitration Law
Florian Grisel
22. Transnational Law and Conflict of Laws: A Japanese Perspective
Dai Yokomizo
23. Transnational Sports Law
Antoine Duval
24. Transnational Contract Law
Klaas Hendrik Eller
25. Transnational Property Law
Priya S. Gupta
26. Transnational Tort Law
Cees van Dam
27. Transnational Family Law
Claire Fenton-Glynn
28. Architects, Landscapers and Gardeners in the Transnational Futures of International Labour Law
Adelle Blackett
29. Transnational Corporate Governance
Dionysia Katelouzou & Peer Zumbansen
30. Transnational Art Law - Maps and Itineraries
Vik Kanwar & Jaya Neupaney

III. Legitimacy and Politics of Transnational Regulatory Governance
31. Transnational Migration Law: Authority, Contestation, Decolonization
Sara Dehm
32. Contextualization as a (Feminist) Method for Transnational Legal Practice
Farnush Ghadery
33. Queering the Transnational: Law and Sexuality
Dipika Jain
34. The Social Question in a Transnational Context
Alexander Somek
35. The Problem of the Enterprise and the Enterprise of Law: Multinational Enterprises as Polycentric Transnational Regulatory Space
Larry Catá Backer
36. Reclaiming Sovereignty: Resistance to Transnational Authority and the Investor-State Regime
A. Claire Cutler
37. Transnational Sustainability Governance and the Law
Phillip Paiement
38. Terrorism and Transnational Law: Rules of Law Under Conditions of Globalization
Cian C. Murphy
39. Democracy and Human Rights Adjudication in the Inter-American Legal Space
Rene Urueña
40. The Global Governance Implications of Private International Law
Horatia Muir Watt
41. Stakes of the Right to Food in the Politics of Transnational Law
Naoyuki Okano
42. Climate Change Governance, International Relations and Politics: A Transnational Law Perspective
Stephen Minas
43. Global Social Indicators and their Legitimacy in Transnational Law
Mathias Siems & David Nelken

IV. Methodologies: Challenges and Approaches
44. Transnational Law and Legal Positivism
Michael Giudice & Eric Scarffe
45. With, Within, and Beyond the State: The Promise and Limits of Transnational Legal Ordering
Gregory Shaffer & Terence Halliday
46. Transnational Law and Feminist Legal Theory
Ratna Kapur
47 Transnational Law and the Ethnography of Corporate Social Responsibility
Laura Knöpfel
48. Transnational Law and Literatures: A Postcolonial Perspective
Amanda Lagji
49. Representing Transnational Law: Drone Warfare and Transnational Legal Text
Jothie Rajah

V. The Transnational Legal Profession and Legal Education
50. Beyond Borders and Across Legal Traditions: The Transnationalization of Latin American Lawyers
Manuel A. Gómez
51. 'Africa Needs Many Lawyers Trained for the Need of their Peoples'
Struggles over Legal Education in Kwame Nkrumah's Ghana
John Harrington & Ambreena Manji
52. Transnational Legal Education in China
Stephen Minas
53. Transnational Legal Education
Eve Darian-Smith


Peer Zumbansen is the Inaugural Chair in Transnational Law at King's College London and served as Founding Director of the Transnational Law Institute from 2014-2018. He is co-author of Rough Consensus and Running Code: A Theory of Transnational Private Law (2010, with G.-P. Calliess) and editor of The Many Lives of Transnational Law: Critical Engagements with Jessup's Bold Proposal (2020). He teaches at King's College London, Osgoode Hall Law School, Toronto, and at Southwestern Law School, Los Angeles.

Natasha Affolder is a Professor of Law at the University of British Columbia, Vancouver, Canada.
Dr. Shahla Ali is Professor and Associate Dean (International) at the University of Hong Kong's Faculty of Law.
Adelle Blackett is Professor of Law and Canada Research Chair in Transnational Labour Law and Development at McGill University.
Hannah L. Buxbaum is Professor of Law and John E. Schiller Chair at the Indiana University Maurer School of Law.
Matthew Canfield is an Assistant Professor of Law, Politics, and Society at Drake University.
Larry Catá Backer is the W. Richard and Mary Eshelman Faculty Scholar and Professor of Law & International Affairs at the Pennsylvania State University.
Dr. A. Claire Cutler is a Professor of International Law and Relations in the Political Science Department at the University of Victoria, Victoria, BC, Canada.
Eve Darian-Smith is Professor and Chair of the Department of Global & International Studies at the University of California Irvine, USA.
Helge Dedek is an Associate Professor of Law at McGill University.
Dr. Sara Dehm is Lecturer in International Law at the Faculty of Law, University of Technology Sydney, Australia.
Antoine Duval is a senior researcher at the Asser Institute in The Hague.
Dr. Claire Fenton-Glynn is a Senior Lecturer in the Faculty of Law, University of Cambridge.
Sabine Frerichs is Professor of Economic Sociology at the Vienna University of Economics and Business, Austria.
Michael Giudice is Associate Professor of Philosophy at York University, Canada.
Manuel A. Gómez is Professor of Law and Associate Dean of International and Graduate Studies at Florida International University (FIU) College of Law in Miami (USA).
Mark Goodale holds a chair at the University of Lausanne, where he is Professor of Cultural and Social Anthropology and Director of the Laboratory of Cultural and Social Anthropology (LACS).
Florian Grisel is a Research Fellow at the Centre national de la recherche scientifique (CNRS), where he is the Deputy-Director of the Centre de théorie et analyse du droit (Université Paris 10 Nanterre - ENS - CNRS). He is also an Associate Professor (Reader) in Transnational Law at King's College London.
Priya S. Gupta is a Professor of Law at Southwestern Law School.
Terence Halliday is Research Professor, American Bar Foundation, and Honorary Professor, School of Regulation and Global Governance, The Australian National University.
John Harrington is Professor of Global Health Law, at Cardiff University
Klaas Hendrik Eller is a Post-Doctoral Research Assistant at Humboldt-University of Berlin and a Post-Doctoral Fellow at the Edmond J. Safra Center for Ethics at Tel Aviv University.
Dipika Jain is currently a Professor of Law and the Executive Director of the Centre for Health Law, Ethics and Technology (CHLET) at Jindal Global Law School, India. She pursued her LL.B from Delhi University and has received LL.M from Harvard Law School.
Satvinder S. Juss, Phd (Cantab.); FRSA, is a Professor of Law at King's College London, and specialises in identity, integration, social justice, human rights, and constitutional law.
Vik Kanwar is a transdisciplinary legal theorist, currently serving as Associate Director of International Programs at Southwestern Law School.
Ratna Kapur is a Professor of International Law at the School of Law of Queen Mary University of London and is Senior Core Faculty at the International Global Law and Policy Institute, Harvard Law School.
Dionysia Katelouzou is a Senior Lecturer (Associate Professor) in Corporate Law at The Dickson Poon School of Law, King's College London.
Dr. Prabha Kotiswaran is Professor of Law and Social Justice at the Dickson Poon School of Law, King's College London.
Karl-Heinz Ladeur is Emeritus Professor of public law at the University of Hamburg.
Amanda Lagji is Assistant Professor of English and World Literature at Pitzer College.
Dr. Giulia Claudia Leonelli is Lecturer in Law at Birkbeck College, University of London, and Research Fellow at the Transnational Law Institute, School of Law, King's College London.
Kevin Madders has been teaching in his current fields for over a decade at KU Leuven and King's College London, where he is visiting professor.
Ambreena Manji is Professor of Land Law and Development, at Cardiff University.
Christopher Marsden is Professor of Internet Law at the University of Sussex, and founding Director of Sussex Centre for Information Governance Research.
Dr. Stephen Minas is an Assistant Professor at the School of Transnational Law, Peking University and a Senior Research Fellow at the Transnational Law Institute, King's College London.
Cian C. Murphy is Reader in Law at the University of Bristol.
David Nelken is Professor of Comparative and Transnational Law in the Dickson Poon Law school.
Jaya Neupaney is an independent curator based in Los Angeles and Mumbai, and co-founder of the Winter School on Art/Law.
Dr. Naoyuki Okano is a Postdoctoral Fellow at the Institute of Social Science, The University of Tokyo, funded by Research Fellowship for Young Scientists from Japan Society for the Promotion of Science.
Phillip Paiement is an assistant professor in jurisprudence at Tilburg Law School.
Dr. Nicola Palmer is as a senior lecturer in criminal law at the Dickson Poon School of Law, King's College London.
Nicolás M Perrone is an Associate Professor of International Law at Andrés Bello University (Chile).
Amanda Perry-Kessaris is a professor of Law at Kent Law School.
Jothie Rajah is Research Professor at the American Bar Foundation, Chicago.
Djakhongir Saidov is Professor of Commercial Law at King's College London.
Eric Scarffe is a PhD candidate in philosophy at Boston University.
Gregory Shaffer is Chancellor's Professor and Director of the Center on Globalization, Law and Society at the University of California, Irvine.
Mathias Siems is Professor of Private Law and Market Regulation at the European University Institute (EUI) in Florence, Italy.
Alexander Somek is a Professor of Legal Philosophy at the University of Vienna Faculty of Law.
Chris Thornhill is Professor in Law at the University of Manchester, UK.
René Urueña is an Associate Professor and Director of Research at the Universidad de Los Andes School of Law (Colombia).
Cees van Dam is Professor of International Business and Human Rights at the Rotterdam School of Management, Erasmus University, Professor of European Tort Law at Maastricht University and Visiting Professor at King's College London.
Horatia Muir Watt is Professor at the law School, Sciences-po Paris, where she currently co-directs the speciality "Global Governance Studies" within the Master of Economic Law.
Dai Yokomizo is Professor of Law at Nagoya University, Graduate School of Law, Nagoya, Japan.