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Vol 22 No 7 July/August 2017

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Karl Polanyi, Globalisation and the Potential of Law in Transnational Markets

Edited by: Christian Joerges, Jose Falke

ISBN13: 9781849461191
Published: June 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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The patterns and impact of globalisation have become a common concern of all international jurists, sociologists, political scientists and philosophers.

Many have observed the erosion of the powers of nation states and the emergence of new transnational governance regimes, and have sought to understand their internal dynamics, re-regulatory potential and normative quality. Karl Polanyi's seminal "Great Transformation" is attracting new attention to such endeavours, mirroring a growing sensitivity to the social and economic risks of dis-embedding politics. Their re-construction by Polanyi, including his warning against a commodification of labour, land and money, provide the trans-disciplinary reference point for the contributions to this book.

Political economy, political theory, sociology and political science inform this discussion of Polanyi´s insights in the age of globalisation. Further theoretical essays and case studies look at his "false commodities": money, labour (and services), land (and the environment). Jurists have hardly ever discussed Polanyi, and the law has not been taken very seriously among Polanyians.

It is nevertheless clear that economic stability and social protection are simply inconceivable without the visible hand of law. The legal discussion in the concluding chapters do not, and cannot, depart directly from such premises. The framework of their analyses is, instead, informed by current debates on the emergence of para-legal regimes, the fragmentation of international law and the prospects of constitutional perspectives within which the rule of law and the notion of law-mediated legitimate governance are established.

Polanyi´s notion of the co-originality of dis-embedding moves and re-imbedding countermoves can, however, be usefully employed in the re-construction of the sociological background of the of the moves and tensions which jurists discern.

Subjects:
International Trade, Jurisprudence, Banking and Finance
Contents:
Introduction: The Social Embeddedness of Transnational Markets: Introducing and Structuring the Project
Christian Joerges and Josef Falke
Part I: General Theories
1. Transnational Markets and the Polanyi Problem
Alexander Ebner
2. Re-embedding the Market through Law? The Ambivalence of Juridification in the International Context
Regina Kreide
3. Re-embedding Neo-liberal Constitutionalism: A Polanyian Case for the Economic Sociology of Law
Sabine Frerichs
4. The Structural Tranformation of Embeddedness
Poul F Kjaer
Part II: Norm-generating Mechanisms: Middle-range Theories
5. Bringing Professions back in: A Fresh Look at the Dynamics of Institution-building in (World) Society
Martin Herberg
6. Enclosed Solutions for Common Problems? Uncertainty, Precaution and Collective Learning in Environmental Law
Olaf Dilling
Part III: Case Studies on the Dis-embedding and Re-embedding of Transnational Markets
(A) Financial Markets
7. Dis-embedding and Regulation: The Paradox of International Finance
Sol Picciotto
8. The Next 'Great Transformation'? The Double Movement in Transnational Corporate Governance and Capital Markets Regulation
Peer Zumbansen
(B) Organising and Legalising Services Transnationally
9. International Standards and the Service Economy
Jean-Christophe Graz
10. Commodifying and Embedding Services of General Interests in Transnational Contexts: The Example of Healthcare Liberalisation in the EU and the WTO
Markus Krajewski
11. Embedded Transnational Markets for Telecommunications Services
Olga Batura
(C) Labour Standards in De-nationalised Markets
12. WTO and ILO: Can Social Responsibility be Maintained in International Trade?
Josef Falke
13. The UN Special Representative on Business and Human Rights: Re-embedding or Dis-embedding
Transnational Markets?
Claire Methven O'Brien
14. Globalising Speenhamland: On the Transnational Metamorphosis of Corporate Social Responsibility
Marc Amstutz
Part IV: Re-embedding Transnational Markets through Law?
15. The State in International Law
Karl-Heinz Ladeur
16. The Dialectics of Transnational Economic Constitutionalism
Moritz Renner
17. The Constitution of Transnational Governance Arrangements: Karl Polanyi's Double Movement
in the Transformation of Law
Lars Viellechner
18. A New Type of Conflicts Law as the Legal Paradigm of the Postnational Constellation
Christian Joerges

Series: International Studies in the Theory of Private Law

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