"Fiduciary law is important transnationally, particularly in the context of global capitalism. Fiduciary law's characteristic regard for others offers a response to the pursuit of unconstrained self-interest in business and government relations, potentially implicating the exercise of both private and public power. Stakeholders have invoked it not only to address traditional private law matters, but also to enjoin transnational corporations to respect human rights, to combat public corruption, and to constrain national governments to respect the rights of Indigenous Peoples. This book focuses on the processes through which conceptualizations of fiduciary relationships and fiduciary norms may (or may not) settle transnationally - or become unsettled - as actors invoke fiduciary norms to address problems in different domains, including across borders. It identifies complications and challenges of any transnational convergence of fiduciary norms that fiduciary theorists often elide. This book is also available as Open Access on Cambridge Core"--
Recenzijas
'Fiduciary law has both a long history and an increasingly timely presence in both private and public law. This fascinating collection of essays brings the robust contemporary academic scholarship of the field to its next level both thematically (by shifting to the transnational dimensions of fiduciary law) and methodologically (by focusing on the processes of norm construction, conveyance, contestation, and resistance). It is thus a must read for students of both fiduciary law and transnational legal theory; and it is the foundational text for students of transnational fiduciary law.' Hanoch Dagan, Professor Law, UC Berkeley School of Law 'Fiduciary law and theory have attracted unprecedented scholarly interest over the past decade, as we've witnessed the emergence of original analyses of principles spanning private, public and international law, as well as civil and common law traditions. But in an increasingly crowded space, there has been a notable blind spot: examination of the transnational development and reach of fiduciary principles. Transnational Fiduciary Law provides a perfect antidote. Edited by leaders in the field and featuring exciting work by eminent scholars from several jurisdictions, Transnational Fiduciary Law is destined to become a landmark in the field.' Paul B. Miller, Robert and Marion Short Professor of Law, Notre Dame Law School
Papildus informācija
This book assesses the conceptualization and legal response to the social problem of abuse of fiduciary authority in transnational context.
1. Theorizing transnational fiduciary law: a processual framework Seth Davis and Gregory Shaffer;
2. Transnational fiduciary law: spaces and elements Thilo Kuntz;
3. A narrow view of transnational fiduciary law Andrew Tuch;
4. Transnational fiduciary law in financial intermediation: are we there yet? A case study in the emergence of transnational legal ordering Jens-Hinrich Binder;
5. Transnational fiduciary law in bond markets: a case study Moritz Renner;
6. The public trust as transnational law Seth Davis;
7. Transnational legal ordering of modern trust law Rebecca Lee;
8. Japanese, East Asian, and transnational fiduciary orders Masayuki Tamaruya;
9. Transnational migration of laws and norms in corporate governance: fiduciary duties and corporate codes Jennifer G. Hill;
10. Empire and the political economy of fiduciary law Seth Davis;
11. Transnational law's legality Evan Fox-Descent;
12. The fiduciary role of access platforms Shelly Kreiczer-Levy.
Seth Davis is Professor of Law at the University of California, Berkeley School of Law. He is a leading expert on public fiduciary law. Thilo Kuntz is Professor (Chair) of Private Law, Commercial and Corporate Law at Heinrich-Heine-University Düsseldorf, and managing director of HHU's Institute for Corporate Law. His research focuses on fiduciary law, corporate law, and legal theory. Gregory Shaffer is Scott K. Ginsburg Professor of International Law at Georgetown University Law Center, and President of the American Society of International Law. He is listed as among the five most cited scholars in the field of international law, and is the author of ten books, including Transnational Legal Orders (2015).
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