Karl Polanyi, globalisation and the potential of law in transnational markets
By: edited by Christian Joerges and Josef Falke
Series: International studies in the theory of private law -- v. 8; International studies in the theory of private law -- 8.
Publisher: Hart
Published: 2011
Place of publication: Oxford; Portland, Or
Language: eng
Number of pages: 523
ISBN-13: 9781849461191
Subjects: International relations; Law and globalization; International law
Description: "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 do 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 of the moves and tensions which jurists discern." -- Publisher's information.
Notes: Includes bibliographical references and index.
Table of contents: title: Transnational markets and the Polanyi problem  -- Alexander Ebner; title: Re-embedding the market through law? The ambivalence of jurisdiction in the international context  -- Regina Kreide; title: Re-embedding neo-liberal constitutionalism : a Polanyian case for the economic sociology of law  -- Sabine Frerichs; title: The structural transformation of embeddedness  -- Poul F. Kjaer; title: Bringing professions back in : a fresh look at the dynamics of institution-building in a (world) society  -- Martin Herberg; title: Enclosed solutions for common problems? Uncertainty, precaution and collective learning in environmental law  -- Olaf Dilling; title: Dis-embedding and regulation : the paradox of international finance  -- Sol Picciotta; title: The next 'great transformation'? The double movement in transnational corporate governance and capital markets regulation  -- Peer Zumbansen; title: International standards and the service economy  -- Jean-Christophe Graz; title: Commodifying and embedding services of general interests in transnational contexts : the example of healthcare liberalisation in the EU and the WTO  -- Markus Krajewski; title: Embedded transnational markets for telecommunications services  -- Olga Batura; title: WTO and ILO : can social responsibility be maintained in international trade?  -- Josef Falke; title: The UN Special Representative on Business and Human Rights : re-embedding or dis-embedding transnational markets?  -- Claire Methven O'Brien; title: Globalising Speenhamland : on the transnational metamorphosis of corporate social responsibility  -- Marc Amstutz; title: The state in international law  -- Karl-Heinz Ladeur; title: The dialectics of transnational economic constitutionalism  -- Moritz Renner; title: The constitution of transnational governance arrangements : Karl Polanyi's double movement in the transformation of law  -- Lars Viellechner; title: A new type of conflicts law as the legal paradigm of the postnational constellation -- Christian Joerges.