New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 15, no. 4, 2024) is out. Contents include:

• Critical legal approaches in EU Law
• Ivana Isailović, Introduction: critical legal approaches in EU law—reflections on new research directions
• Fernanda G. Nicola, Is a distributive analysis enough? A critical take on the case law of the European Court of Justice
• Ivana Isailović, Gender in political economy and EU law
• Floris de Witte, Finding space in EU law
• Janine Silga, ‘Out of the “basement”’: exploring positionality and reflexivity in EU migration law research
• Annette Schrauwen, Essential, invisible, discriminated and exchangeable: labour migrants in the EU
• Iris Goldner Lang, Security-centric approach in the use of digital technologies in EU migration and asylum policies
• Sanja Bogojević, The European Green Deal, the rush for critical raw materials, and colonialism
• Andrew Woodhouse, Commodity-form theory of law, the climate crisis, and the European Union
• Giacomo Tagiuri, The socio-legal and critical potential of EU economic law

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 15, no. 3, 2024) is out. Contents include:

• Samantha Besson, What can public international law do against privatisation?
• Karin Buhmann & Leonard Feld, Shifting boundaries: a transnational legal perspective on the EU Corporate Sustainability Due Diligence Directive
• Eric Loefflad, Accumulation by reconciliation: the United States, South Africa, and peacemaking by vanquished settlers as liberal international order
• Saifuddin Patel, Hart’s fundamental rule of recognition and normativity of constitutional change in India
• Tamara Horbachevska, Josephine van Zeben & Nadia Bernaz, A capability approach to the sustainable development goals: towards positive corporate human rights obligations

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 15, no. 2, 2024) is out. Contents include:

• Sebastian Meyer, Toleration in the European Union: a forgotten virtue
• Richard Clements, Professional field-work: constructing global health law as an ‘emerging field’
• Luiza Leite de Queiroz, A link without a right, or ubi nexus, ibi jus (?): international human rights instruments & international tax policy
• Clemens M Rieder, The construction of social Europe through transnational equality
• Franco Peirone, All in good time: temporal forms of public law decisions
• Joseph Parampathu, From securities to currencies: the regulatory consequences of adopting cryptocurrencies as legal tender

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 15, no. 1, 2024) is out. Contents include:

• Margot E. Salomon, The Trojan Horse of sovereign debt
• Nahuel Maisley, Law and democracy in the globalisation of infrastructure as an asset class
• Aoife O’Donoghue, Bluntschli, C’est Moi? International legal history and hagiography
• Catherine Frost, Advisory opinions, juridical mischief and Canada’s contribution to the law of statehood

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 14, no. 4, 2023) is out. Contents include:

• Law’s Agency in Global Governance: Inquires into Algorithmic Governance and Finance
• Afroditi Marketou & Joana Mendes, Law’s agency in global governance: inquiries into algorithmic governance and finance
• Afroditi Marketou & Joana Mendes, Making it work: law’s agency in global governance
• Raphaële Xenidis, Beyond bias: algorithmic machines, discrimination law and the analogy trap
• Peer Zumbansen, Runaway train? Decentralised finance and the myth of the private platform economy
• Guido Comparato, The transnational and the local in the comparative law of finance: technics, politics, and the functions of commercial law
• Pascale Cornut St-Pierre, Securitisation from mortgages to sustainability: circulating techniques and the financialisation of legal knowledge
• Pavlina Hubkova, Soft rulemaking through multi-level administrative practice: replicating the aesthetics of law

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 14, no. 3, 2023) is out. Contents include:

• Eric White, What does finance democracy look like?: thinking beyond fintech and regtech
• Letizia Lo Giacco, Private entities shaping community interests: (re)imagining the ‘publicness’ of public international law as an epistemic tool
• Victoria Plekhanova, On benefits of new legal realism for international tax scholarship

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 14, no. 2, 2023) is out. Contents include:

• Symposium: International Law and Political Morality
• Alex Green & Alexandra Hearne, Introduction
• Thomas Bustamante, Dworkin’s interpretivism, legal monism, and the threat of ‘authoritarian’ international law
• Alain Zysset & Başak Çalı, Exhausting domestic remedies or exhausting the rule of law? Revisiting the normative basis of procedural subsidiarity in the European Human Rights System
• Alex Green, A political theory of state equality
• Frédéric Mégret, What might a human-rights-harmonious international regime on the use of force look like?

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 14, no. 1, 2023) is out. Contents include:

• Articles
• Peer Zumbansen, Law as critical cartography: global value chains, borders, and the spatialisation of vulnerability
• Rachel Griffin, Public and private power in social media governance: multistakeholderism, the rule of law and democratic accountability
• Review Articles
• Ioannis Kampourakis, The standard of civilisation: between legal indeterminacy and political economy
• Andrea Leiter, Perimeters of possibility: legal imagination and structural indeterminacy in international legal thought

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 13, no. 4, 2022) is out. Contents include:

• Frédéric Mégret & Moushita Dutta, Transnational discrimination: the case of casteism and the Indian diaspora
• Enrico Partiti, Stephanie Bijlmakers & Panagiotis Delimatsis, Evolutionary dynamics of transnational private regulation
• Lys Kulamadayil, Placed in between: the natural environment in international law
• Anna Saunders, Law after dominium: thinking with Martti Koskenniemi on property, sovereignty and transformation

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 13, nos. 2-3, 2022) is out. Contents include:

• Special Issue: COP26
• Phillip Paiement, Emily Webster & Rosanna Anderson, After COP26: Appraising the transnational climate regime
• Natalie Jones, A just transition for essential workers? Workers and climate policy at and after COP 26
• Karen Morrow, Cop26 and beyond: participation and gender – more of the same?
• Tomaso Ferrando, COP26 as the convergence of the corporate food-climate agendas
• Ana Mosneaga & Carolien Jacobs, Understanding human mobility in the global climate regime through a translocal lens
• Nicolás M. Perrone & Nicole Selamé Glena, Technology transfer and climate change: a transnational law analysis
• Stephen Minas, Market making for the planet: the Paris Agreement Article 6 decisions and transnational carbon markets*
• Rosanna Anderson, Non-market mechanisms under article 6.8 of the Paris Agreement: a transnational perspective
• Melanie Jean Murcott, A just COP26 outcome for South Africa?
• Myriam Gicquello, The failures of COP26: using group psychology and dynamics to scale up the adoption of climate mitigation and adaptation measures

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 13, no. 1, 2022) is out. Contents include:

• Special Issue: Transnational Legal Feminism
• Farnush Ghadery & Sital Kalantry, Introduction – transnational legal feminism
• W.L. Cheah, The potential and limits of peoples’ tribunals as legal actors: revisiting the Tokyo Women’s Tribunal
• Farnush Ghadery, ‘Beyond international human rights law – music and song in contextualised struggles for gender equality’
• Sital Kalantry & Shireen Moti, Transnational legal feminist approaches to the honour crimes provision in the Istanbul Convention
• Josipa Šarić, The #MeToo movement’s manifestation in Croatia: engaging with the meaningfulness of transnational feminist solidarity
• Siobhan L. Yorgun, Western hosts and Southern ghosts: the west-as-host construct in refugee law scholarship and its gendered implications for women in polygynous relationships
• Miriam Bak McKenna & Maj Grasten, Legal borderlands in the global economy of care

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 12, no. 4, 2021) is out. Contents include:

• Antoine Duval, How Qatar’s migrant workers became FIFA’s Problem: a transnational struggle for responsibility
• Hassan M. Ahmad, Parent company liability in transnational human rights disputes: an interactional model to overcome the veil in home state courts
• Hiruni Alwishewa, Arms exports to conflict zones and the two hats of arms companies
• Joseph Orangias, Towards global public trust doctrines: an analysis of the transnationalisation of state stewardship duties

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 12, no. 3, 2021) is out. Contents include:

• Matthew C. Canfield, Julia Dehm & Marisa Fassi, Translocal legalities: local encounters with transnational law
• Mariana Prandini Assis, Strategic litigation in Brazil: exploring the translocalisation of a legal practice
• Phillip Paiement, Transnational auditors, local workplaces and the law
• Emma Nyhan, Translating global indigeneity into the Bedouin vernacular
• Giulia Fabini, Illegalised and undeportable migrants as translocal legal subjectivities

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 12, no. 2, 2021) is out. Contents include:

• Symposium: Bringing the “human problem” back into transnational law – The example of corporate (ir)responsibility
• Laura Knöpfel & Felix Lüth, Bringing the human problem back into transnational law: the example of corporate (ir)responsibility
• Kevin Crow, International corporate constituency as a human problem
• Jan Hendrik Ritter, Engaging the creativity of law for organisational knowledge creation
• Michael Elliot, Problematising the ‘governance gap’: corporations, human rights, and the emergence of transnational law
• Ioannis Kampourakis, From global justice to supply chain ethics
• Jaakko Salminen & Mikko Rajavuori, Private International Law, Global Value Chains and the externalities of transnational production: towards alignment?
• Dorothea Endres, The human side of protecting foreign investment
• Eliana Cusato, Transnational law and the politics of conflict minerals regulation: construing the extractive industry as a ‘partner’ for peace
• Sarah Jakob, The corporate social credit system in China and its transnational impact
• Felix Lüth, Corporate non-prosecution agreements as transnational human problems: transnational law and the study of domestic criminal justice reforms in a globalised world

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 12, no. 1, 2021) is out. Contents include:

• Peer Zumbansen, What’s a palace? In search of the vulnerable edifices of transnational sovereignty
• Angelo Golia Jr & Gunther Teubner, Networked statehood: an institutionalised self-contradiction in the process of globalisation?
• Daniel Matthews, Reframing sovereignty for the anthropocene
• Michal Kaczmarczyk, The differentiation of international arbitration and the claim for democracy
• Jorge Luis Fabra-Zamora, The theoretical puzzles of non-state legal phenomena
• Lucas Roorda, Broken English: a critique of the Dutch Court of Appeal decision in Four Nigerian Farmers and Milieudefensie v Shell

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 11, no. 4, 2020) is out. Contents include:

• Chiara Macchi, With trade comes responsibility: the external reach of the EU’s fundamental rights obligations
• Bryane Michael, Say-Hak Goo & Svitlana Osaulenko, The extra-territorial application of corporate governance standards in China
• Matthew Clare, ‘We Have Voices But We Can’t Really Speak’: transnational privatisation and (de)juridification of women’s employment in global export manufacturing—a case study of Hansae Vietnam Co Ltd
• Nofar Sheffi, We accept: the constitution of Airbnb
• Giulio Calcara, A transnational police network co-operating up to the limits of the law: examination of the origin of INTERPOL
• Mutaz M. Qafisheh, Clinicalism: an emerging theory in legal pedagogy

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 11, no. 3, 2020) is out. Contents include:

• Global Ungovernance
• Deval Desai & Andrew Lang, Introduction: global un-governance
• Stephen Humphreys, Ungoverning the climate
• Dimitri Van Den Meerssche & Geoff Gordon, ‘A new normative architecture’ – risk and resilience as routines of un-governance
• Christine Bell, ‘It’s law Jim, but not as we know it’: the public law techniques of ungovernance
• Jan Pospisil, The ungovernance of peace: transitional processes in contemporary conflictscapes
• Zinaida Miller, Embedded ambivalence: ungoverning global justice
• Michelle Burgis-Kasthala, States of failure? Ungovernance and the project of state-building in Palestine under the Oslo regime*

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 11, nos. 1-2, 2020) is out. Contents include:

• Special Issue: Transnational Environmental Law in the Anthropocene
• Emily Webster & Laura Mai, Transnational environmental law in the Anthropocene
• J. E. Viñuales, Two layers of self-regulation
• Peter D Burdon, Ecological law in the Anthropocene
• Klaus Bosselmann, Environmental trusteeship and state sovereignty: can they be reconciled?
• Afshin Akhtar-Khavari, Restoration and cooperation for flourishing socio-ecological landscapes
• Louis J. Kotzé, Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor
• Laura Mai, (Transnational) law for the Anthropocene: revisiting Jessup’s move from ‘what?’ to ‘how?’
• Phillip Paiement, Urgent agenda: how climate litigation builds transnational narratives
• Melanie Murcott & Emily Webster, Litigation and regulatory governance in the age of the Anthropocene: the case of fracking in the Karoo
• Emily Barritt, The myth of mermaids and stewardship of the seas
• Pierre Cloutier de Repentigny, To the Anthropocene and beyond: the responsibility of law in decimating and protecting marine life
• Tina Beigi & Michael Hennessy Picard, Regimes of waste (im)perceptibility in the life cycle of metal

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 10, nos. 3-4, 2019) is out. Contents include:

• Symposium: International Institutional Bypasses
• Mariana Mota Prado & Steven J. Hoffman, The promises and perils of international institutional bypasses: defining a new concept and its policy implications for global governance
• Victor V. Ramraj, International institutional bypasses and transnational non-state regulation
• Rohinton Medhora, Bypasses to the International Monetary Fund
• Edefe Ojomo, Regional institutions as international bypasses in West Africa
• Oonagh Fitzgerald, Addressing the human rights conduct of transnational corporations through international institutional bypasses
• Article
• Odile Ammann, How do and should domestic courts interpret international law? Insights from the jurisprudence of HLA Hart and Duncan Kennedy
• Trajectories
• Michiel Bot, The right to boycott: BDS, law, and politics in a global context
• David Birchall, Human rights on the altar of the market: the Blackstone letters and the financialisation of housing

Call for Papers: Bringing the “human problem” back into transnational law: The example of corporate (ir)responsibility

A call for papers has been issued for a workshop on "Bringing the 'human problem' back into transnational law: The example of corporate (ir)responsibility," which will take place March 19-20, 2020, at King’s College London. The workshop papers will be published subsequently in a special issue of Transnational Legal Theory. The call is here.