Contested Regime Collisions: Norm Fragmentation in World Society

by Kerstin Blome, Andreas Fischer-Lescano, Hannah Franzki, Nora Markard, Stefan Oeter

Overview

This collection of innovative contributions to the study of legal pluralism in international and transnational law focuses on collisions and conflicts between an increasing number of institutional and legal orders, which can manifest themselves in contradictory decisions or mutual obstruction. It combines theoretical approaches from a variety of disciplines with theoretically informed case studies in order to further understanding of the phenomenon of regime collisions. By bringing together scholars of international law, legal philosophy, the social sciences and postcolonial studies from Latin America, the United States and Europe, the volume demonstrates that collisions between various institutional and legal orders affect different regions in different ways, highlights some of their problematic consequences, and identifies methods of addressing such collisions in a more productive manner.

Product Details

ISBN-13:	9781107565593
Publisher:	Cambridge University Press
Publication date:	12/13/2018
Pages:	395
Product dimensions:	6.02(w) x 9.13(h) x 0.87(d)

About the Author

Kerstin Blome is a postdoctoral researcher, mediator and communication trainer based in Bremen, Germany.

Andreas Fischer-Lescano is Professor of Public Law, European Law and International Law, and Managing Director of the Centre of European Law and Politics at Universität Bremen.

Hannah Franzki is reading for a Ph.D. in Law at Birkbeck, University of London.

Nora Markard is Junior Professor of Public Law, International Law and Global Constitutionalism at Universität Bremen.

Stefan Oeter is Professor of Public Law, International Law and Foreign Public Law at Universität Bremen.

Table of Contents

Contested collisions: an introduction Kerstin Blome, Andreas Fischer-Lescano, Hannah Franzki, Nora Markard and Stefan Oeter; Part I. Between Collisions and Interaction: 1. Regime collisions from a perspective of global constitutionalism Stefan Oeter; 2. How to avoid regime collisions Jeffrey L. Dunoff; 3. Regime-interplay management: lessons from environmental policy and law Sebastian Oberthür; 4. Responsive legal pluralism: the emergence of transnational conflicts law Lars Viellechner; Part II. Addressing Collisions: Regulation and Self-Regulation: 5. Horizontal fundamental rights as conflict of laws rules: how transnational pharma-groups manipulate scientific publications Isabell Hensel and Gunther Teubner; 6. (Dis)solving constitutional problems: transconstitutionalism beyond collisions Marcelo Neves; 7. Governance polycentrism or regulated self-regulation: rule systems for human rights impacts of economic activity where national, private, and international regimes collide Larry Catá Backer; 8. Non-financial reporting for business enterprises: an effective tool to address human rights violations? Sebastian Eickenjäger; Part III. Collisions Otherwise: Law and the Collision with Non-Legal Spheres: 9. A critical theory of transnational regimes: creeping managerialism and the quest for a destituent power Kolja Möller; 10. Materialism of form: on the self-reflection of law Christoph Menke; 11. The dialectic of democracy and capitalism before the backdrop of a transnational legal pluralism in crisis Sonja Buckel; 12. Putting proportionality in proportion: whistleblowing in transnational law Andreas Fischer-Lescano; 13. On the critical potential of law – and its limits: double fragmentation of law in Chevron Corp. v. Ecuador Hannah Franzki and Johan Horst.