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Vol 21 No 11 Nov/Dec 2016

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


ISBN13: 9781849463546
Published: July 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £26.99
Hardback edition , ISBN13 9781841139746



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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
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

Control Beyond the State: Transnational Counter-Terrorism Law ISBN 9781849465595
To be published February 2018
Hart Publishing
£35.00
Transconstitutionalism ISBN 9781849464185
Published May 2013
Hart Publishing
£53.00
Transconstitutionalism (eBook) ISBN 9781782251255
Published May 2013
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
£22.49 + £4.50 VAT
(ePub)
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The Payment Order of Antiquity and the Middle Ages: A Legal History (eBook) ISBN 9781847318664
Published November 2011
Hart Publishing
£91.66 + £18.33 VAT
(ePub)
Buy
The Payment Order of Antiquity and the Middle Ages: A Legal History ISBN 9781849460521
Published November 2011
Hart Publishing
£110.00
The Institutional Veil in Public International Law ISBN 9781841136349
Published September 2007
Hart Publishing
£57.00
£38.00
£57.00
Terrorism and the State: Rethinking the Rules of State Responsibility ISBN 9781841136271
Published March 2006
Hart Publishing
£34.00