The Judicialization of Private Transnational Power and Authority
Bibliographic Data
| ID | 19466281 |
|---|---|
| Authors | A Claire Cutler (0000-0001-7214-2284, corresponding author), A Claire Cutler A Claire Cutler |
| Year | 2018 |
| Volume | 25 |
| Issue | 1 |
| Pages | 61 |
| Publication date | 2018-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Indiana Journal of Global Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 1080-0727 • E-ISSN: 1543-0367 |
| Publisher | Indiana University Press (PUBLISHER • US) |
| DOI | 10.2979/indjglolegstu.25.1.0061 |
| OpenAlex | W2803353966 |
| Language | EN |
| Citations received | 11 |
| References cited | 13 |
This article examines the judicialization of private systems of governance that are transforming "common sense" understandings of who should govern states, societies, and political economies. The focus is on the private transnational institutions and processes in the global investment and financial regimes. These regimes contribute to the maintenance and expansion of capitalism by assisting in the management and mitigation of risk, but they also participate in the construction of the sorts of risks that require management and mitigation. In so doing, they are deeply involved in determining what requires governance, as well determining the appropriate mechanisms and manner of governance. They constitute a form of private transnational authority, performing governance functions usually attributed to states and to public authorities. In the areas of global investment and finance, private transnational experts craft the legal foundations that advance and secure the expansion of capitalism as the common sense of our time. These laws are characterized as a form of "new constitutionalism," for they constitute both the material and ideological foundations for ordering societies and political economies under the discipline of an increasingly transnationalized market civilization. Transnational market civilization subordinates national political authorities to disciplines emanating from international investment, derivatives, and project financing agreements that function constitutionally to limit the policy and legislative autonomy of national governments, thus seriously impacting their sovereignty. However, while the areas examined reveal a complex and hybrid mix of public and private authorities that raise significant legitimacy concerns, the mix is not fixed, but is mutable and open in places to resistance and contestation, suggesting that the discipline of transnational capitalism is incomplete and might one day reflect better or "good sense."
Capitalism · Corporate governance · Economic system · Economics · Law and economics · Legislature · Legitimacy · Market economy · Political economy · Political science · Politics · Sovereignty · Transnational governance · Corporate Law and Human Rights · Global Financial Regulation and Crises · International Arbitration and Investment Law · Law · Public Administration · Finance
Can Prediction Markets Price Reality? Insights into the Political Economy of Post-Truth
The contestation and construction of global governance authorities
Business authority in global governance
Introduction
The hidden costs of law in the governance of global supply chains
Blind spots in IPE
Redesigning the business of development
The Pervasiveness of Corporate Authority
The Backlash Against Neoliberal Globalization from Above
Extraction Contracting
Global Governance, Sustainability and the Earth System
The Emergence of Private Authority in Global Governance
The separation of the ‘economic’ and the ‘political’ in capitalism
Market civilization, new constitutionalism and world order
Transformations in Statehood, the Investor-State Regime, and the New Constitutionalism
Two faces of the transnational cadre under neo-liberalism
Gramsci, Law, and the Culture of Global Capitalism
Private authority and transnational governance
Risk Markets and the Landscape of Social Change
Gramsci, Hegemony and International Relations
Critical reflections on the Westphalian assumptions of international law and organization
Standard Form Contracts as Transnational Law
Private International Law Beyond the Schism
The legitimacy of private transnational governance
| Citations per year | 1.57 |
|---|---|
| Citation span | 2019 - 2026 (8) |
| Highly cited | No |