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Entangled Legalities Beyond the State

Edited by: Nico Krisch

ISBN13: 9781108823791
Published: November 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £29.99



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Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research.

Contents:
1. Introduction: Framing entangled legalities beyond the state
Nico Krisch
Part I. Entangling State Law:
2. Denial, deferral, translation: dynamics of entangling and disentangling state and non-state law in postcolonial spaces
Tobias Berger
3. To be is to be entangled: Indigenous treaty-making, relational legalities and the ecological grounds of law
Kirsten Anker
4. And an algorithm to entangle them all? Social credit, data-driven governance, and legal entanglement in post-law legal orders
Larry Catá Backer
5. Belt, road and (legal) suspenders: Entangled legalities on the 'New Silk Road'
Tomer Broude
Part II. International Law and its Interfaces:
6. Giving due consideration: A normative pathway between UN human rights treaty monitoring bodies and domestic courts
Machiko Kanetake
7. The social life of entanglements between international investment and human rights norms in and beyond ISDS
Francesco Corradini
8. International trade law: Legal entanglement on the WTO's own terms Lucy Lu Reimers
Part III. Weaving Transnational Legalities:
9. Targeting bad apples or the whole barrel? The legal entanglements between targeted and comprehensive logics in counter-proliferation sanctions
Grégoire Mallard and Aurel Niederberger
10. Seamstress of transnational law: How the court of arbitration for sport weaves the Lex Sportiva
Antoine Duval
11. The struggle for international financial standards: An historical analysis of entangling legalities in finance
Francesco Corradini
12. Hidden in the shades: Patterns of entanglement within the web of corporate social responsibility law
Tomáš Morochovič and Lucy Lu Reimers
Part IV. Situating Entanglements:
13. Entangled legalities beyond the (Byzantine) state: Towards a user theory of jurisdiction
Caroline Humfress
14. Entanglement of state and indigenous legal orders in Canada
Keith Culver and Michael Giudice
15. Entangled hopes: Towards relational coherence
Julia Eckert
16. Tertiary rules
Ralf Michaels
17. A reconstruction of transnational legal pluralism and law's foundations
Brian Z. Tamanaha

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