Karl Polanyi, Globalisation and the Potential of Law in Transnational Markets

Neuausgabe 2011
ISBN: 978-1-84946-119-1
Verlag: HART PUB

Buch, Englisch, Band 8, 544 Seiten, Format (B × H): 150 mm x 236 mm, Gewicht: 1008 g

Reihe: International Studies in the T

The patterns and impact of globalisation have become a common concern of all international jurists, sociologists, political scientists and philosophers. Many have observed the erosion of the powers of nation states and the emergence of new transnational governance regimes, and have sought to understand their internal dynamics, re-regulatory potential and normative quality. Karl Polanyi's seminal 'Great Transformation' is attracting new attention to such endeavours, mirroring a growing sensitivity to the social and economic risks of dis-embedding politics. Their re-construction by Polanyi, including his warning against a commodification of labour, land and money, provide the trans-disciplinary reference point for the contributions to this book. Political economy, political theory, sociology and political science inform this discussion of Polanyi´s insights in the age of globalisation. Further theoretical essays and case studies look at his 'false commodities': money, labour (and services), land (and the environment). Jurists have hardly ever discussed Polanyi, and the law has not been taken very seriously among Polanyians. It is nevertheless clear that economic stability and social protection are simply inconceivable without the visible hand of law. The legal discussion in the concluding chapters does not, and cannot, depart directly from such premises. The framework of their analyses is, instead, informed by current debates on the emergence of para-legal regimes, the fragmentation of international law and the prospects of constitutional perspectives within which the rule of law and the notion of law-mediated legitimate governance are established. Polanyi´s notion of the co-originality of dis-embedding moves and re-imbedding countermoves can, however, be usefully employed in the re-construction of the sociological background of the moves and tensions which jurists discern.

Autoren/Hrsg.

Joerges, Christian

Falke, Josef

Fachgebiete

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

Inhaltsverzeichnis

Introduction: The Social Embeddedness of Transnational Markets: Introducing and Structuring the Project Christian Joerges and Josef FalkePart I: General Theories1. Transnational Markets and the Polanyi Problem Alexander Ebner2. Re-embedding the Market through Law? The Ambivalence of Juridification in the International Context Regina Kreide3. Re-embedding Neo-liberal Constitutionalism: A Polanyian Case for the Economic Sociology of Law Sabine Frerichs4. The Structural Tranformation of Embeddedness Poul F KjaerPart II: Norm-generating Mechanisms: Middle-range Theories 5. Bringing Professions back in: A Fresh Look at the Dynamics of Institution-building in (World) Society Martin Herberg6. Enclosed Solutions for Common Problems? Uncertainty, Precaution and Collective Learning in Environmental Law Olaf DillingPart III: Case Studies on the Dis-embedding and Re-embedding of Transnational Markets(A) Financial Markets7. Dis-embedding and Regulation: The Paradox of International Finance Sol Picciotto8. The Next 'Great Transformation'? The Double Movement in Transnational Corporate Governance and Capital Markets Regulation Peer Zumbansen(B) Organising and Legalising Services Transnationally9. International Standards and the Service Economy Jean-Christophe Graz10. Commodifying and Embedding Services of General Interests in Transnational Contexts: The Example of Healthcare Liberalisation in the EU and the WTO Markus Krajewski11. Embedded Transnational Markets for Telecommunications Services Olga Batura(C) Labour Standards in De-nationalised Markets12. WTO and ILO: Can Social Responsibility be Maintained in International Trade? Josef Falke13. The UN Special Representative on Business and Human Rights: Re-embedding or Dis-embeddingTransnational Markets? Claire Methven O'Brien14. Globalising Speenhamland: On the Transnational Metamorphosis of Corporate Social Responsibility Marc AmstutzPart IV: Re-embedding Transnational Markets through Law?15. The State in International Law Karl-Heinz Ladeur16. The Dialectics of Transnational Economic Constitutionalism Moritz Renner17. The Constitution of Transnational Governance Arrangements: Karl Polanyi's Double Movementin the Transformation of LawLars Viellechner18. A New Type of Conflicts Law as the Legal Paradigm of the Postnational Constellation Christian Joerges

Über Autor(innen)

Joerges, Christian
Since 2007 Christian Joerges has been Research Professor at the University of Bremen, Law Department. Until 2007 he held the Chair for European Economic Law at the European University Institute in Florence.

Falke, Josef
Josef Falke is Professor of European Law, Labour Law and the Sociology of Law at the University of Bremen where he is also one of the Directors of the Centre of European Law and Policy. Together with Christian Joerges, he directs the Project on Trade Liberalisation and Social Regulation in the Cooperative Research Centre ‘Transformations of the State’