Gregory Shaffer
Datos Biográficos
| ID | 3606189 |
|---|---|
| NOMBRE | Gregory Shaffer |
| NOMBRES | Gregory |
| APELLIDO | Shaffer |
| FIRMA | SHAFFER G |
| AFILIACIONES | Georgetown University |
| VERIFICADO | No |
| TOTAL DE OBRAS | 27 |
| TOTAL DE CITAS | 138 |
| TOTAL COMO AUTOR | 25 |
| TOTAL COMO EDITOR | 2 |
| PRIMER AÑO DE PUBLICACIÓN | 1999 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 8 |
Para-Ethnographic Study
The U.S.-Ukraine Strategic Minerals Partnership in the Wake of Russia’s War of Aggression
Russia's full-scale invasion of Ukraine has triggered not only military and diplomatic responses but also a new mercantile mechanism for cooperation, co-investments, and burden sharing for natural resource exploration and extraction as part of a country's defense and development policy.The "minerals deal" (involving mining, hydrocarbons, and infrastructure) between Ukraine and the United States establishes a mechanism for joint investment for Ukr…
The Rule of Law Under Pressure
Introduction to the Symposium on International Economic Law and Its Others
This symposium explores international economic law and "the others." 1 We define "the others" as the most vulnerable in contemporary societies to international economic law and the global economic processes that it supports, those who face oppression, adverse distributional consequences, and broader challenges to their way of everyday life. Their views are traditionally not represented, or at least not well recognized, within international econom…
Introduction to the Symposium on the Biden Administration and the International Legal Order
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Governing the Interface of U.S.-China Trade Relations
The strained U.S.-China trade relationship poses a frontal challenge to the multilateral trading system and has broad repercussions for international law. This Article addresses three dimensions of this relationship: (1) the economic dimension; (2) the geopolitical/national security dimension; and (3) the normative/social policy dimension. The Article advances a middle ground between those seeking to reinforce the World Trade Organization (WTO) s…
Introduction to the Symposium on Drug Decriminalization, Legalization, and International Law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Defining Crimes in a Global Age
The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theore…
Constitution-Making and Transnational Legal Order
Imperfect Alternatives
This Article applies the theory of comparative institutional analysis to evaluate the trade-offs associated with alternative mechanisms for resolving investment disputes. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins the goals of fairness, efficiency, and peace that are attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity be…
Introduction to Symposium on Industry Associations in Transnational Legal ordering
As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry ass…
Khundi
Kathmandu
Transnational Legal Orders
This book offers a path-breaking, empirically-grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental econo…
Introduction to Symposium on Alan O. Sykes, “Economic ‘Necessity’ in International Law”
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The New Legal Realist Approach to International Law
The New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and…
New Legal Realism's Rejoinder
This rejoinder responds to criticisms by Jan Klabbers and Ino Augsberg of ‘The New Legal Realist Approach to International Law’ ( Leiden Journal of International Law , Volume 28:2, 2015). The New Legal Realism brings together empirical and pragmatic perspectives in order to build theory regarding how law obtains meaning, is practised, and changes over time. In contrast with conceptualists, such as Augsberg, legal realists do not accept the priori…
European Communities—Measures Prohibiting the Importation and Marketing of Seal Products
On May 22, 2014, the World Trade Organization’s Appellate Body (AB) issued its report on the controversial “ ECSeal Products ” dispute, finding that a European Union (EU or Union) prohibition on the importation and sale of seal products violated the General Agreement on Tariffs and Trade 1994 (GATT). It did so, however, in a way that largely upheld the Union”s defense on animal welfare grounds, so that the prohibition remains effective. The decis…
How the World Trade Organization shapes regulatory governance
The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (in…
State Transformation and the Role of Lawyers
This article explains the impact of India's engagement with the law of the World Trade Organization (WTO) on both the Indian state and on the WTO itself. In each case, it explains the role of Indian lawyers within the larger transnational context. In engaging with globalization and the WTO, India has transformed itself. The Indian state has moved toward a new developmental state model involving a stronger emphasis on trade, greater government tra…
United States—Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
In a Mexican challenge against U.S. criteria for labeling tuna products as “dolphin-safe,” the Appellate Body of the World Trade Organization (WTO), on May 16, 2012, held against the United States while reversing various findings of the panel. The case was one of three WTO Appellate Body decisions issued in 2012 that interpreted and applied the key substantive provisions of the Agreement on Technical Barriers to Trade (TBT Agreement or TBT) for t…
The Empirical Turn in International Legal Scholarship
There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the pr…
Transnationalism, Unilateralism and International Law
When we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of …
Transnational Legal Process and State Change
This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize the…
What's new in EU trade dispute settlement? Judicialization, public–private networks and the WTO legal order
There is a recursive relationship between the judicialization of international trade relations and the development of public-private partnerships in the EU to address international trade claims. The more legalized international trading system creates stronger incentives for well-placed private actors to engage public legal processes. At the same time, to litigate effectively in the WTO system, government officials need the specific information th…
The Empirical Turn in International Legal Scholarship
There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the pr…
How the World Trade Organization shapes regulatory governance
The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (in…
What's new in EU trade dispute settlement? Judicialization, public–private networks and the WTO legal order
There is a recursive relationship between the judicialization of international trade relations and the development of public-private partnerships in the EU to address international trade claims. The more legalized international trading system creates stronger incentives for well-placed private actors to engage public legal processes. At the same time, to litigate effectively in the WTO system, government officials need the specific information th…
Imperfect Alternatives
This Article applies the theory of comparative institutional analysis to evaluate the trade-offs associated with alternative mechanisms for resolving investment disputes. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins the goals of fairness, efficiency, and peace that are attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity be…
The challenges of WTO law
Although developing countries vary significantly in terms of trading profiles, they generally face three primary challenges if they are to participate effectively in the WTO dispute settlement system. These challenges are: (i) a relative lack of legal expertise in WTO law; (ii) constrained financial resources, including for the hiring of outside counsel; and (iii) fear of political and economic pressure. We can roughly categorize these challenges…
Transnationalism, Unilateralism and International Law
When we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of …
State Transformation and the Role of Lawyers
This article explains the impact of India's engagement with the law of the World Trade Organization (WTO) on both the Indian state and on the WTO itself. In each case, it explains the role of Indian lawyers within the larger transnational context. In engaging with globalization and the WTO, India has transformed itself. The Indian state has moved toward a new developmental state model involving a stronger emphasis on trade, greater government tra…
Transnational Legal Process and State Change
This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize the…
International trade—WTO—quantitative restrictions—environmental protection—endangered species—U.S. import ban on shrimp
United States—Import Prohibition of Certain Shrimp and Shrimp Products. World Trade Organization, Appellate Body, October 12, 1998. In May 1996, the United States effectively prohibited imports of shrimp and shrimp products from all countries that do not require commercial shrimp trawlers to use turtle-excluder devices (TEDs) to permit endangered species of sea turtles to escape from trawling nets to avoid drowning. In January 1997, India, Malays…
The New Legal Realist Approach to International Law
The New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and…
Defining Crimes in a Global Age
The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theore…
European Communities—Measures Prohibiting the Importation and Marketing of Seal Products
On May 22, 2014, the World Trade Organization’s Appellate Body (AB) issued its report on the controversial “ ECSeal Products ” dispute, finding that a European Union (EU or Union) prohibition on the importation and sale of seal products violated the General Agreement on Tariffs and Trade 1994 (GATT). It did so, however, in a way that largely upheld the Union”s defense on animal welfare grounds, so that the prohibition remains effective. The decis…
International trade—WTO—quantitative restrictions—environmental protection—endangered species—U.S. import ban on shrimp
United States—Import Prohibition of Certain Shrimp and Shrimp Products. World Trade Organization, Appellate Body, October 12, 1998. In May 1996, the United States effectively prohibited imports of shrimp and shrimp products from all countries that do not require commercial shrimp trawlers to use turtle-excluder devices (TEDs) to permit endangered species of sea turtles to escape from trawling nets to avoid drowning. In January 1997, India, Malays…
What's new in EU trade dispute settlement? Judicialization, public–private networks and the WTO legal order
There is a recursive relationship between the judicialization of international trade relations and the development of public-private partnerships in the EU to address international trade claims. The more legalized international trading system creates stronger incentives for well-placed private actors to engage public legal processes. At the same time, to litigate effectively in the WTO system, government officials need the specific information th…
The challenges of WTO law
Although developing countries vary significantly in terms of trading profiles, they generally face three primary challenges if they are to participate effectively in the WTO dispute settlement system. These challenges are: (i) a relative lack of legal expertise in WTO law; (ii) constrained financial resources, including for the hiring of outside counsel; and (iii) fear of political and economic pressure. We can roughly categorize these challenges…
Transnational Legal Process and State Change
This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize the…
The Empirical Turn in International Legal Scholarship
There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the pr…
Transnationalism, Unilateralism and International Law
When we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of …
United States—Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
In a Mexican challenge against U.S. criteria for labeling tuna products as “dolphin-safe,” the Appellate Body of the World Trade Organization (WTO), on May 16, 2012, held against the United States while reversing various findings of the panel. The case was one of three WTO Appellate Body decisions issued in 2012 that interpreted and applied the key substantive provisions of the Agreement on Technical Barriers to Trade (TBT Agreement or TBT) for t…
Transnational Legal Orders
This book offers a path-breaking, empirically-grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental econo…
Introduction to Symposium on Alan O. Sykes, “Economic ‘Necessity’ in International Law”
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The New Legal Realist Approach to International Law
The New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and…
New Legal Realism's Rejoinder
This rejoinder responds to criticisms by Jan Klabbers and Ino Augsberg of ‘The New Legal Realist Approach to International Law’ ( Leiden Journal of International Law , Volume 28:2, 2015). The New Legal Realism brings together empirical and pragmatic perspectives in order to build theory regarding how law obtains meaning, is practised, and changes over time. In contrast with conceptualists, such as Augsberg, legal realists do not accept the priori…
European Communities—Measures Prohibiting the Importation and Marketing of Seal Products
On May 22, 2014, the World Trade Organization’s Appellate Body (AB) issued its report on the controversial “ ECSeal Products ” dispute, finding that a European Union (EU or Union) prohibition on the importation and sale of seal products violated the General Agreement on Tariffs and Trade 1994 (GATT). It did so, however, in a way that largely upheld the Union”s defense on animal welfare grounds, so that the prohibition remains effective. The decis…
How the World Trade Organization shapes regulatory governance
The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (in…
State Transformation and the Role of Lawyers
This article explains the impact of India's engagement with the law of the World Trade Organization (WTO) on both the Indian state and on the WTO itself. In each case, it explains the role of Indian lawyers within the larger transnational context. In engaging with globalization and the WTO, India has transformed itself. The Indian state has moved toward a new developmental state model involving a stronger emphasis on trade, greater government tra…
Introduction to Symposium on Industry Associations in Transnational Legal ordering
As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry ass…
Khundi
Kathmandu
Imperfect Alternatives
This Article applies the theory of comparative institutional analysis to evaluate the trade-offs associated with alternative mechanisms for resolving investment disputes. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins the goals of fairness, efficiency, and peace that are attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity be…
Constitution-Making and Transnational Legal Order
Introduction to the Symposium on Drug Decriminalization, Legalization, and International Law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Defining Crimes in a Global Age
The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theore…
Introduction to the Symposium on the Biden Administration and the International Legal Order
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Governing the Interface of U.S.-China Trade Relations
The strained U.S.-China trade relationship poses a frontal challenge to the multilateral trading system and has broad repercussions for international law. This Article addresses three dimensions of this relationship: (1) the economic dimension; (2) the geopolitical/national security dimension; and (3) the normative/social policy dimension. The Article advances a middle ground between those seeking to reinforce the World Trade Organization (WTO) s…
Introduction to the Symposium on International Economic Law and Its Others
This symposium explores international economic law and "the others." 1 We define "the others" as the most vulnerable in contemporary societies to international economic law and the global economic processes that it supports, those who face oppression, adverse distributional consequences, and broader challenges to their way of everyday life. Their views are traditionally not represented, or at least not well recognized, within international econom…
The Rule of Law Under Pressure
Political science (23 obras) · Law (21 obras) · Law (12 obras) · International Arbitration and Investment Law (10 obras) · Law and economics (10 obras) · Sociology (10 obras) · Business (9 obras) · World Trade Organization Law (9 obras) · International Law and Human Rights (8 obras) · Corporate Law and Human Rights (7 obras)