Cutler and Dietz have brought together a diverse set of authors who together give us a brilliant critical interrogation of the rise of private sector experts in domains concerned with public interests. A must read.
Saskia Sassen, Columbia University, USA, author of Expulsions.
In this path-breaking interdisciplinary volume of political scientists, sociologists, and legal scholars, the authors not only demonstrate that non-hierarchical governance by contract dominates both state and private regulations in the global political economy but they also elaborate the power dimension of these arrangements. A must read for anybody interested in knowing how the global economy ticks!
Thomas Risse, Professor of International Politics, Freie Universitt Berlin, Germany
The Politics of Private Transnational Governance by Contract
This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity.
Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and pathbreaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical, and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics.
It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.
A. Claire Cutler is Professor of International Law and International Relations in the Political Science Department at the University of Victoria, British Columbia, Canada.
Thomas Dietz is Professor of International Relations and International Law in the Institute of Political Science at the University of Mnster, Germany.
Politics of Transnational Law
Series editors: Tanja Aalberts and Wouter Werner, VU Amsterdam, the Netherlands
This interdisciplinary series explores the changing dynamics between politics and law in a globalizing world. These dynamics illustrate the growing importance and vitality of cross disciplinary research that transcends traditional disciplinary divides, domains and categories. Focused on the Politics of Transnational Law, this series provides a platform for studies that critically reflect on the interplay between politics and law as international and transnational practices. It investigates the heterogeneous landscape of contemporary law-making, and the different kinds of politics this global ordering relates to. The Politics of Transnational Law series is unique in being endorsed and promoted by both the law and politics divisions of Routledge.
EDITORIAL COMMITTEE:
Jeffrey Dunoff (Temple University) Fleur Johns (University of New South Wales) Friedrich Kratochwil (Central European University) Anna Leander (Copenhagen Business School) Cecelia Lynch (University of California, Irvine) Gregor Noll (Lund University) Sarah Nouwen (University of Cambridge) Nikolas Rajkovic
The Politics of Private Transnational Governance by Contract
Edited by A. Claire Cutler, Thomas Dietz
The Politics of Private Transnational Governance by Contract
Edited by
A. Claire Cutler and Thomas Dietz
First published 2017
by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
2017 selection and editorial material, A. Claire Cutler and Thomas Dietz; individual chapters, the contributors
The right of A. Claire Cutler and Thomas Dietz to be identified as authors of the editorial material, and of the individual authors as authors of their contributions, has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
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ISBN: 978-1-138-22175-8 (hbk)
ISBN: 978-1-315-40957-3 (ebk)
This project has been long in gestation and has involved many colleagues and students interested in contractual governance as a prominent trend in global governance today. It began with research conducted by Claire Cutler in the Law Department at the European University Institute, Florence, Italy in her role as the Hague Institute for the Internationalisation of Law Visiting Chair on Private Actors and Globalisation and has progressed through a series of workshops. Many have engaged with this project with great insight and enthusiasm, for which we are very grateful. However, the Editors would like to specifically acknowledge the generosity of the Social Sciences and Humanities Research Council of Canada, the Hague Institute for the Internationalisation of Law, and the University of Victoria for funding the project and the workshops held on The Legitimacy of Private Transnational Governance by Contract in 2012 at the European University Institute, Department of Law and in 2012 and 2013 at the University of Victoria, Victoria, BC, Canada.
We would also like to extend great thanks to James Douglas Roy for his excellent administrative assistance in convening the workshops that produced many of the chapters for the volume. Appreciation is also due to Mike Nienhuis, Mat Huff, Alex Robb, and Stephanie Law for their excellent research assistance early in the project. More recently, David Lark has offered good-natured and undivided attention, as well as most thoughtful research and editorial assistance. Finally, Jennie Auffenberg, Elisa Benker, and Sherif Rizkallah deserve special thanks for undertaking the formatting of the volume.
Natasha Affolder, Associate Professor of Law, Peter A. Allard School of Law, University of British Columbia, Vancouver, BC, Canada.
Edward Cohen, Professor of Political Science, Political Science Department, Westminster College, New Wilmington, Pennsylvania, USA.
