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Transnational Law and Legal Problems


Transnational Law and Legal Problems

An Introduction to the Field

by Larry Catá Backer

Forthcoming 2013 ISBN: 978-1-59460-481-2

Tags: International Law

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Transnational Law and Legal Problems introduces students to an emerging field of law now worthy of study in its own right. Transnational law is the organizational and substantive law-norms of non-state governance systems.  Students are first introduced to its constitutive element (the “constitutional law” of transnational law).  These materials flesh out the organizational principles of transnational law, define its characteristics as a field of law and distinguish it from related fields of law, principally comparative and international law.  This part also provides the conceptual basis for the materials that follow.  Students will then be introduced to a number of specific transnational law systems.  Each serves to illustrate the elaboration of transnational substantive regulation and apply these to issues that lawyers may face. Within this context, students will be introduced to the methodology of transnational law, the sources of law, the system characteristics of transnational law, and specific practice issues in the field. The focus is on specific institutions and regimes of transnational law designed to permit faculty from a broad cross section of disciplines the opportunity to bring to bear their expertise in a transnational institutional context.  Among specific systems studied are financial regulatory systems (World Bank and International Monetary Fund); criminal behavior regimes (Rome Statute and the International Criminal Court); human rights (regional human rights courts); states as market participants (sovereign wealth funds); non-state actors as regulators (civil society and multinational corporations); and transnational process systems.  Students will learn how to lawyer the emerging norms, patterns and characteristics of overlapping systems of national, cross border, international, private and public legal orders and systems that have come to dominate the legal environment in which both public and private actors operate.


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