ABSTRACT

'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

chapter

Introduction *

part I|56 pages

The Multiplicity of Normative Communities

chapter 1|28 pages

The Folktales of Justice

Tales of Jurisdiction *

chapter 2|28 pages

Legal Pluralism

part II|106 pages

Problems of Geographical Borders

part |62 pages

Territorial Sovereignty and the Internet

part |42 pages

Transnational Law, ‘Postnational’ Citizenship and the Nature of State Power

part III|308 pages

The Relationship Between the National and the International

part |136 pages

The Judicialization of International Law

chapter 9|38 pages

Turtles and Torturers

The Transformation of International Law *

chapter 10|40 pages

The New Dispute Settlers

(Half) Truths and Consequences

chapter 13|18 pages

From unimaginable to possible

Spain, Pinochet and the judicialization of power 1

part |102 pages

Inculcating International Norms Into National Systems

part |68 pages

Hybrid National/International Models

part IV|176 pages

The Role of Transnational Governmental and Non-Governmental Actors

part |44 pages

Networks of Governmental Actors

chapter 20|20 pages

The Power of EU Collective Action

The Impact of EU Data Privacy Regulation on US Business Practice

part |88 pages

Compliance with International Norms in the Absence of International Law

chapter 23|88 pages

A Bottom-Up Approach to International Lawmaking

The Tale of Three Trade Finance Instruments