Advancing the Method and Practice of Transnational Law

Building Bridges Across Disciplines
Erscheinungsjahr 2023
ISBN: 978-1-5099-6449-9
Verlag: Hart Publishing

Buch, Englisch, 360 Seiten, Hardback, Format (B × H): 166 mm x 236 mm, Gewicht: 700 g

This book adopts a transnational methodology to reflect on the legalisation of international economic relations. A Liber Amicorum for Professor Francis Snyder, it outlines the ways in which legal scholarship has taken his legacy further in relation to the concept of transnational law, the 'law in context' method, and the evolution of sustainability law. The lens is both theoretical and practical, delving into international investment law, financial/monetary law, free trade agreements, indigenous rights, and food law, and covering case studies from EU law, WTO law, American law, Chinese law, and Indonesian law.

The chapters explore how Snyder's ideas have advanced legal research and determined change in regulation, impacting trade relationships worldwide. Part I of the book gives an overview of the actors, the norms, and the processes of transnational economic law, discussing sites of governance, legal pluralism, and soft law. Part II takes stock of the 'law in context' research method, looking not only at the way in which it can be refined and used by academics, but also at the practical implications of such a method to improve regulatory settings and promote social and policy goals (including the emerging generation of FTAs, such as TPP, TTIP, and RCEP). Part III focuses on sustainability law, assessing Francis Snyder's contribution to systemic changes and reforms in China and the Asia Pacific region.

The book is a must have for any academic or practitioner interested in an up-to-date account of the recent developments in transnational trade law research.

Autoren/Hrsg.

Chaisse, Julien

Stefan, Oana

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

Foreword
Rostane MEHDI, Director of Sciences Po Aix

Introduction
Julien Chaisse (City University of Hong Kong, Hong Kong) and Oana Stefan (The Dickson Poon School of Law, UK)

Part 1 - Governance and The Law

1. The Dramatis Personae of International Law: Rethinking International Legal Personality
Paulo Canelas De Castro (University of Macau, China)

2. Sustainable Governance and Soft Law: The Bamboo and the Oak

Imelda Maher (University College Dublin, Ireland)

3. The Asian Infrastructure Investment Bank as a Site of Governance
Mark Feldman (Peking University, China)

4. Towards an Ethics Body for the European Union

Alberto Alemmano (HEC Paris, France)

5. The Transnationalisation of the Foreign Investment Contract: An Unrealised Myth
Muthucumaraswamy Sornarajah (National University of Singapore, Singapore)

Part 2 - Law In Context

6. The EU and Law in Context: The Context
Carol Harlow (London School of Economics, UK)

7. Still Out on the Weekend: Renewing EU Law in Context
Agustín José Menéndez (Universidad Complutense de Madrid, Spain)

8. A Genealogy of Constitutional Europe
Leone Niglia (Sapienza University of Rome, Italy)

9. The EU - China Comprehensive Agreement on Investment: A New Beginning?
Henry GAO (Singapore Management University, Singapore)

Part 3 - Sustainability Law

10. Land and the Legal Language of Decolonization
Keebet Von Benda-Beckmann (Max Planck Institute for Social Anthropology, Germany)

11. The Incorporation of the Principle of Sustainable Development in Chinese (Environmental) Law
Ying Song (Peking University Law School, China)

12. Trade and Labour Linkages in Free Trade Agreements: A Critical Assessment and Future Impact of the US-Guatemala Panel Report
Federico Ortino (King's College London, UK)

13. The Precautionary Principle and China's Regulation of GMOs: Retrospect and Prospect
Jin Zining (Peking University Law School, China)

14. China as the Next Global Data Regulator? Assessing China's Global Data Security Initiative as a Site of Governance

Qianlan Wu (University of Nottingham, UK)

Über Autor(innen)

Stefan, Oana
Oana Stefan is Reader in European Law at the Dickson Poon School of Law, King's College London, UK.

Chaisse, Julien
Julien Chaisse is Professor in the School of Law at the City University of Hong Kong (CityU). He is an award-winning and internationally-respected expert on international economic law (trade, investment, and tax), cyberlaw, vitivinicultural law, and international dispute resolution.

His work has received wide recognition and has been cited by international courts/tribunals as well as the US and European Courts. He writes a regular column ("The Global Lawyer") for the Financial Times' fDI Intelligence Magazine, where he discusses current events in foreign investment law and politics. Julien Chaisse is the recipient of the Smit-Lowenfeld Prize from the International Arbitration Club of New York (2020) and the holder of the Humanities and Social Sciences Prestigious Fellowship (2022). He also sits on the editorial boards of several high impact academic journals around the world, and is Editor-in-Chief of the Asia Pacific Law Review and co-Editor-in-Chief of the Journal of World Investment and Trade.

Julien Chaisse has extensive experience working as a corporate board member and serving on the board of directors/advisory board for a number of international organisations. He is currently President and Chair of the Asia Pacific FDI Network, a leading organisation that focuses on researching foreign direct investment and facilitating cooperation among over 100 scholars and 50 institutions. He is an accomplished senior arbitrator who is listed on the panel of the major arbitration institutions. He was recently selected for the appointment of arbitrators in bilateral disputes under the EU's trade agreements. A number of his adjudications have been reported on by the local and international press. He is frequently called upon as an expert witness in international trade/investment litigation and arbitration to advise international organisations, governments, law firms, and private investors on private/public international law issues (eg, concessions contracts, special economic zones, investment structuring, state and international organisation immunities, and WTO accession), and has assisted over twenty jurisdictions in drafting trade/investment treaties and legislation.

Prior to joining CityU's Law School, Julien Chaisse taught in the Faculty of Law of the Chinese University of Hong Kong (2009-2019), where he served both as Director of one the Faculty's research centres and Director of the Faculty's PhD & MPhil Programme. Before moving to Hong Kong, he worked as deputy head of the working group on the rules and regulations for multilateral trade and investment agreements at the World Trade Institute in Bern, Switzerland (2006-2009), as a lecturer at Elite School Sciences Po Aix, France (2004-2006), and as a diplomat for France's Ministry of Foreign Affairs in the French Embassy in New Delhi, India (2001-2004). He has held visiting fellowships and professorships at Columbia University, Melbourne University, University Paris 1 Panthéon-Sorbonne, National Institute of Malaysian and International Studies, and Tokyo University.

Julien Chaisse is Professor at the School of Law, City University of Hong Kong, Hong Kong.
Oana Stefan is Reader at the Dickson Poon School of Law, King's College London, UK.