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Borderlines in Private Law

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Rough Consensus and Running Code: A Theory of Transnational Private Law (eBook)


ISBN13: 9781847318046
Published: July 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £34.19
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Private law has long been focus of efforts to explain wider developments in global law. As consumer transactions and corporate activities have developed with scant regard to legal and national boundaries, private law theorists have been called upon to investigate what the international law framework might look like.

Moving between 'hard' and 'soft' laws, as well as official, unofficial, direct and indirect regulation, this book constitutes the first comprehensive attempt to develop the framework for a private law regulatory regime which mediates between state-society and public-private relations on the one hand and a fast-evolving transnational normative field on the other.

Rough Consensus and Running Code describes and assesses the different law-making regimes currently observable in the transnational arena. Its core aim is to reassess, in terms of its legitimacy, the transnational regulation of contracts and corporate law as undertaken by regulatory regimes which are neither purely national nor international, neither exclusively public, nor private in nature. Instead the institutions and the principal actors are hybrids.

The challenge for scholars of public and private international law is to incorporate the new norms into existing bodies of law and this, ultimately, is the challenge met by this new work.

Subjects:
Conflict of Laws, eBooks
Contents:
Introduction
1. Law's Elusive Boundaries
I. Border Crossings
II. Towards a Legal Critique of Transnational Governance Institutions
III. Law's Elusive Empire?

2. Towards A Theory of Transnational Private Law
I. Seeing the (Global) World Through a Private Lawyer's Eyes
II. Ubiquitous Law
III. A Theory of Transnational Private Law

3. Transnational Consumer Contracts
I. Private Ordering in B2C E-Commerce
II. Transnational Law Regimes: the Role of Virtual Marketplaces
III. Reflexive Consumer Protection Law
IV. RCRC in the Making of Transnational Consumer Contract Law

4. Transnational Corporate Governance
I. Corporate Governance Codes
II. Transnational Corporate Governance and Executive Compensation

5. Rough Consensus and Running Code in Context
I. Law and Social Norms
II. Soft Law I
II. Customary International Law (And Its Limits)
IV. Transnational Private Law: Hard Law, Soft Law, Reflexive Law and the Conditions for Private Law-Making

Series: Hart Monographs in Transnational and International Law

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The Concept of Unity in Public International Law ISBN 9781849460439
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