Routledge Book series on the Politics of Transnational Law
This new interdisciplinary series explores the changing dynamics between politics and law in a globalizing world. These dynamics illustrate the growing importance and vitality of cross disciplinary research that transcends traditional disciplinary divides, domains and categories. Focused on the ‘Politics of Transnational Law’, this series provides a platform for studies that critically reflect on the interplay between politics and law as international and transnational practices. It investigates the heterogeneous landscape of contemporary law-making, and the different kinds of politics this global ordering relates to.
Governmentality in EU External Trade and Environment Policy: Between Rights and Market
by Jessica Lawrence
Governmentality and EU External Trade and Environment Policy applies theories drawn from Foucauldian governmentality studies to investigate the ideological and political roots of the European Union (EU)’s external trade and environmental policy and their effects on the transnational legal landscape. The EU’s desire to spread environmental norms abroad is viewed in the book as a significant feature of contemporary EU trade policy. The EU’s activities in this area have not been uncontroversial for other transnational legal actors. States, individuals, and organizations have challenged the EU’s various trade and environment policies, arguing that they are coercive, unfair, over-reaching, or inefficient. Meanwhile, these policies have also raised a number of questions from the perspective of legality and political theory.
This book considers what the practice of EU external trade and environment policy, and international resistance to it, tells us about the way the EU perceives the role and limits of transnational government, the means and ends of politics, and the drivers of human and institutional behavior. Jessica Lawrence examines the legal and political discourse of the EU and those affected by its policies. By studying legal cases, statements by officials, legislative texts, press releases, and other representative documents the book identifies the rationalities, technologies, and subjectivities that underlie contemporary EU activity in this area. The overall effect paints a more complicated and nuanced picture of the EU’s vision of itself and its goals; one that ultimately seeks to provide a better understanding of the functioning of power in this area.
Regulatory Counter-Terrorism: A Critical Appraisal of Proactive Global Governance
by Nathanael Ali
Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance – the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate.
Through a critical assessment of international regulatory counter-terrorism in three areas – financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods – this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability.
This volume will be of great interest to students and scholars of counter-terrorism, security studies, global governance, and international law.
The Politics of Private Transnational Governance by Contract
by A. Claire Cutler and Thomas Dietz
This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity.
Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics.
It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.
About the Series
The Politics of Transnational Law series is unique in being endorsed and promoted by both the law and politics divisions of Routledge.
> Call for proposals: We are now accepting book proposals for this series. If you are working on a project that fits the series' profile, please contact the series editors for further information.
Focused on the ‘Politics of Transnational Law’, the series seeks to explore how this ‘politics’ is not a singular concept or given domain, but can entail very different kinds of politics – from e.g. strategic invocation of the law, to (historical) processes of global ordering by law, to the production of meaning through articulating the law, to invoking universal or cosmopolitan norms as basis for global governance. Globalisation intersects with these processes by changing the playing field from a state-centric international to a more pluralist transnational one, with heterogeneous practices of law-making and norm development, concerning a broader scope of subjects than states as the traditional creators and bearers of international law.
Hence it is both a thematic focus (interplay between law and politics in the globalised realm) and critical reflection that ties the contributions to the series together. It follows that there is a strong interdisciplinary focus to the series, and in addition to the relationship between law and politics as international and transnational practices, the series is open to contributions which reflect upon the relationship between IL and IR as disciplines and that addresses the methodological aspects of interdisciplinary research.
Jeffrey Dunoff (Temple University)
Fleur Johns (University of New South Wales)
Friedrich Kratochwil (Central European University)
Anna Leander (Copenhagen Business School)
Cecelia Lynch (University of California, Irvine)
Gregor Noll (University of Lund)
Sarah Nouwen (Lauterpacht Centre for International Law)
Nikolas Rajkovic (Tilburg University)