Defining the Space of Transnational Law: Legal Theory, Global Governance &amp; Legal Pluralism

Zumbansen, Peer

doi:10.2139/ssrn.1934044

Cited by 43 publications

(12 citation statements)

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“…A more enabling point of view is offered by transnational law as a 'methodological lens through which we can study the particular transformation of legal institutions in the context of an evolving society'. 90 Rather than insisting on the form of certain norms, it allows us to focus on actors, norms, and processes. 91 Reflecting on the role of law in the empowerment process of SSFs might precisely test the utility and contours of transnational law.…”

Section: What Does It Have To Do With Law?mentioning

confidence: 99%

Transnational Localism: Empowerment through Standard Setting in Small-Scale Fisheries

Penca¹

2019

TEL

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In order to advance both the mapping and theorizing of transnational law, this article considers a range of tactics used by small-scale fisheries (SSFs) in Europe and North America to improve market access, political influence, and legal recognition. Transnational law enables the framing of initiatives not only as implementation practices that occur as a result of international law, but also as transnational regulation in support of SSFs. The article uses the case study of SSFs to draw attention to the rise of ‘transnational localism’. This is defined as the reinforcement of local-specific approaches (reflecting local ecologies, values, and socio-economic specificities) within a transnational structure that provides support and recognition. It offers an alternative to the view that globalization necessitates global, uniform regulatory solutions. Transnational localism challenges the fascination with large certification schemes such as that administered by the Marine Stewardship Council (MSC) in fisheries governance. It implies a need to reconcile transnational challenges with heterogeneous values and community approaches. To capture the simultaneous demand for the local and transnational within transnational law, this article proposes treating the described empowerment tactics within the scope of transnational standards. This requires a rethinking of standards away from fixed technical rules that are uniformly applicable across the globe.

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Section: What Does It Have To Do With Law?mentioning

confidence: 99%

Transnational Localism: Empowerment through Standard Setting in Small-Scale Fisheries

Penca¹

2019

TEL

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“…Economic globalization has produced a range of new regulatory arenas, political institutions, and forms of legality across multiple geographical scales (Halliday and Osinsky 2006). Central to this legal transformation has been a reconfiguration of state-based sovereignty into novel assemblages of territory, authority, and rights (Sassen 2008), the recombination of "public" and "private" law into new hybrid legal formations, and the expansion of competing transnational normative orders (Zumbansen 2012). Hence, in contrast to the assumption that neoliberalism has led to a withdrawal of state authority (Strange 1996) or a global laissezfaire system, sociolegal scholars have observed that, as global markets expand, so too do new regulatory regimes (Braithwaite 2008;Levi-Faur 2006).…”

Section: The Rise Of Collaborative Governance and Transnational Legalmentioning

confidence: 99%

“…Critics of the participatory turn in global governance, argue that these arrangements dissolve the epistemological distinction between "society" and "economy," subordinating socio-moral concerns to the market (Shamir 2008;Swyngedouw 2009). Both approaches, however, often overlook the larger legal landscape in which collaborative governance operates-a world of global legal pluralism comprised of competing and overlapping actors, norms, and processes (Berman 2009;Michaels 2009;Zumbansen 2012).…”

Section: The Rise Of Collaborative Governance and Transnational Legalmentioning

confidence: 99%

“…The first part of this article situates the rise of collaborative governance within the context of expanding transnational legal pluralism (Zumbansen 2010) and adapts the sociolegal disputing approach to this multiactor and multiscalar legal context. To do so, it draws on Mather and Yngvesson's (1981) classic model of dispute transformation to elaborate the role of disputing frames as a key mechanism through which transnational actors seek to exercise power.…”

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confidence: 99%

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Disputing the Global Land Grab: Claiming Rights and Making Markets Through Collaborative Governance

Canfield¹

2018

Law Soc Rev

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As transnational movements contest economic inequalities and demand inclusion into global decision‐making processes, new models of collaborative governance have proliferated. Promoters of this new mode of governance suggest that it can produce “win‐win” solutions through inclusive, consensus‐based processes, if these arenas of governance account for power asymmetries within their rules and processes. Yet, by focusing on procedural aspects of collaboration, these accounts overlook how power operates through the wider landscape of transnational legal pluralism. This article adapts the sociolegal disputing approach to the context of global governance through an extended case analysis of the “global land grab.” In doing so, it demonstrates how power operates through the competition to frame disputes across transnational arenas. I argue that the frame through which collaboration is ultimately deployed serves to reconstitute conflicts, thereby subordinating competing claims to the values of the dominant frame. This analysis ultimately suggests participation in collaborative governance comes with risks. By engaging in collaborative processes, activists face the possibility of constituting the very markets they seek to contest.

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“…Perhaps we can unpack these core functions of the state, taking a transnational perspective "to deconstruct the various law-state associations", and thereby changing the boundaries of the state itself. 70 What could an approach that unpacks the "tax state" and reconsiders it as something else look like? I briefly outline some possible options here.…”

Section: Towards Transnational Taxation and Redistributionmentioning

confidence: 99%

Redistribution between Rich and Poor Countries

Stewart

2018

SSRN Journal

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The topic of redistribution between rich and poor countries opens a can of worms. This paper first inquires into what we mean by some of these words and second, considers the role of taxation in redistribution. It briefly considers the various modes of redistribution to address poverty and inequality, including the role of taxation, within a country before turning to consider modes of redistribution between rich and poor countries. The paper then turns to consider whether we are asking the right question. Should the question, really, be about redistribution between rich and poor people? In an increasingly global and digital era, how might we reconsider the role of taxation in achieving this? The paper briefly touches on state-based and cosmopolitan theories of international distributive justice, before considering whether we need to unpack the very concept of the country, nation-state, or government to achieve the transnational provision of public goods and redistribution between rich and poor.

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Defining the Space of Transnational Law: Legal Theory, Global Governance & Legal Pluralism

Cited by 43 publications

References 0 publications

Transnational Localism: Empowerment through Standard Setting in Small-Scale Fisheries

Transnational Localism: Empowerment through Standard Setting in Small-Scale Fisheries

Disputing the Global Land Grab: Claiming Rights and Making Markets Through Collaborative Governance

Redistribution between Rich and Poor Countries

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