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Full-Text Articles in Law
Transnational Environmental Law's Missing People, Natasha Affolder
Transnational Environmental Law's Missing People, Natasha Affolder
All Faculty Publications
Legal scholars rely heavily on vocabularies of ‘actors’, ‘agents’, and ‘experts’ to account for the fact that law does not develop by itself. However, the identities, idiosyncrasies, and individual professional contributions of law’s people are rarely illuminated. This article suggests that the relative absence of people in transnational legal scholarship helps to explain some of its gaps. The task of bringing ‘human actors back on stage’ creates some new opportunities for transnational environmental law scholarship. It invites attention to both dominant and excluded voices. It offers a way of bridging the gap between the bureaucratic language of law and its …
Transnational Business Governance Interactions, Regulatory Quality And Marginalized Actors: An Introduction, Stepan Wood, Errol Meidinger, Burkard Eberlein, Rebecca Schmidt, Kenneth W. Abbott
Transnational Business Governance Interactions, Regulatory Quality And Marginalized Actors: An Introduction, Stepan Wood, Errol Meidinger, Burkard Eberlein, Rebecca Schmidt, Kenneth W. Abbott
All Faculty Publications
In what circumstances can transnational business governance interactions (TBGIs)—the myriad overlaps, intersections, conflicts, collisions and synergies amongst the actors and institutions involved in transnational regulation of business activity—be harnessed to enhance the quality of transnational regulation and advance the interests of marginalized actors? This chapter introduces the concept of transnational business governance interactions (TBGIs), summarizes the TBGI analytical framework and defines regulatory quality and marginalized actors. It proposes to investigate the relationship between TBGIs, regulatory quality and marginalized actors at three levels: regulatory capacities, outputs and outcomes. The chapter presents the plan of the book and summarizes the key messages …
Harnessing Tbgis For Regulatory Quality And Marginalized Actors, Stepan Wood, Errol Meidinger, Burkard Eberlein, Rebecca Schmidt, Kenneth W. Abbott
Harnessing Tbgis For Regulatory Quality And Marginalized Actors, Stepan Wood, Errol Meidinger, Burkard Eberlein, Rebecca Schmidt, Kenneth W. Abbott
All Faculty Publications
The chapters of this book paint a mixed and not particularly optimistic picture of the prospects for harnessing transnational business governance interactions (TBGIs)—the myriad overlaps, intersections, conflicts, collisions and synergies amongst the actors and institutions involved in transnational regulation of business activity—to improve the quality of transnational regulation and advance marginalized interests. This chapter synthesizes key findings about the impact of TBGIs of regulatory quality and marginalized actors, explores the implications of these findings for identifying and shaping TBGIs that foster regulatory quality or advance marginalized interests, and presents concluding reflections on lessons learned and future research directions.
Interactions, Iteration And Early Institutionalization: Competing Lessons Of Globalgap’S Legitimation, Donal Casey
Interactions, Iteration And Early Institutionalization: Competing Lessons Of Globalgap’S Legitimation, Donal Casey
Transnational Business Governance Interactions Working Papers
Since its inception, GLOBALGAP has transformed from an informal grouping of retailers into a highly elaborate regulatory organisation. This chapter critically examines GLOBALGAP’s development. I argue that, through an iterative process of legitimation, actual and anticipated interactions with state, market and civil society actors led GLOBALGAP to develop structures, practices and processes that sought to enhance representation and participation of structurally weaker parties such as smallholders, whilst also addressing concerns relating to the exclusionary effect of its standards. I tease out how, as non-state regulatory organisations emerge and develop, they respond to actual and anticipated governance interactions in order to …
Transnational Climate Law, Natasha Affolder
Transnational Climate Law, Natasha Affolder
All Faculty Publications
Climate change leaves little on this planet untouched. The concept of transnational law is no exception. Transnational law has long functioned as a mechanism for illuminating particular legal subjects, processes, and spaces: the empty space left by existing doctrinal perspectives, the relationships between, around and outside of national laws, the importance for law of private actors and the power and powerlessness of those actors. It offers a way of opening our eyes to spheres of normativity other than the nation state and distinct ways of conceiving of the nation state itself. But climate change shatters the idea that jurisdictional borders …
Transnational Law As Unseen Law, Natasha Affolder
Transnational Law As Unseen Law, Natasha Affolder
All Faculty Publications
Part of the continuing allure of Philip Jessup’s account of transnational law, published in 1956, lies in its promise of capturing something beyond the easily visible bodies of public and private international law. Attempts to name and to frame this unseen law continue to this day. This chapter, part of a collection commemorating the 60th anniversary of the publication of Transnational Law, examines the intellectual holding pen created by Jessup for other rules and sources of law, his “larger storehouse of rules”. While this initiative was firmly aimed at expanding the view of law to see beyond the …