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Transnational Law Commons

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Full-Text Articles in Transnational Law

Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles Dec 2014

Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles

Annelise Riles

This article revisits the work of a canonical but quixotic figure in early American comparative law, John Henry Wigmore, as a lens through which to imagine what comparative law's role might be in the era of globalization. Wigmore's "pictorial method", compared here to the "treasure boxes" of Ming and Ch'ing Dynasty Chinese emperors, in which precious objects of different scales and eras were appreciated aesthetically side by side, presents a challenge to the many "modernist" approaches to comparative law in existence today. An exploration of the intellectual history of comparative law through the disjuncture of Wigmore's work engenders a treatment …


Is New Governance The Ideal Architecture For Global Financial Regulation?, Annelise Riles Dec 2014

Is New Governance The Ideal Architecture For Global Financial Regulation?, Annelise Riles

Annelise Riles

A central challenge for international financial regulatory systems today is how to manage the impact of global systemically important financial institutions (G-SIFIs) on the global economy, given the interconnected and pluralistic nature of regulatory regimes. This paper focuses on the Financial Stability Board (FSB) and proposes a new research agenda for the FSB’s emerging regulatory forms. In particular, it examines the regulatory architecture of the New Governance (NG), a variety of approaches that are supposed to be more reflexive, collaborative, and experimental than traditional forms of governance. A preliminary conclusion is that NG tools may be effective in resolving some …


Managing Regulatory Arbitrage: An Alternative To Harmonization, Annelise Riles Dec 2014

Managing Regulatory Arbitrage: An Alternative To Harmonization, Annelise Riles

Annelise Riles

This policy-oriented article argues for deploying conflict of laws doctrines as a tool of coordination in international financial governance.


Infinity Within The Brackets, Annelise Riles Dec 2014

Infinity Within The Brackets, Annelise Riles

Annelise Riles

The ethnographic subjects of this article are UN-sponsored international conferences and their legal documents. Drawing upon fieldwork among Fiji delegates at these conferences, in this article I demonstrate the centrality of matters of form, as distinct from questions of “meaning,” in the negotiation of international agreements. A parallel usage of documents and of mats among Fijian negotiators provides a heuristic device for exploring questions of pattern and scale in the aesthetics of negotiation.