CiNii 図書 - Karl Polanyi, globalisation and the potential of law in transnational markets

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 Polanyis 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 does 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. Polanyis 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 moves and tensions which jurists discern.

Introduction: The Social Embeddedness of Transnational Markets: Introducing and Structuring the Project Christian Joerges and Josef Falke Part I: General Theories 1. Transnational Markets and the Polanyi Problem Alexander Ebner 2. Re-embedding the Market through Law? The Ambivalence of Juridification in the International Context Regina Kreide 3. Re-embedding Neo-liberal Constitutionalism: A Polanyian Case for the Economic Sociology of Law Sabine Frerichs 4. The Structural Tranformation of Embeddedness Poul F Kjaer Part II: Norm-generating Mechanisms: Middle-range Theories 5. Bringing Professions back in: A Fresh Look at the Dynamics of Institution-building in (World) Society Martin Herberg 6. Enclosed Solutions for Common Problems? Uncertainty, Precaution and Collective Learning in Environmental Law Olaf Dilling Part III: Case Studies on the Dis-embedding and Re-embedding of Transnational Markets (A) Financial Markets 7. Dis-embedding and Regulation: The Paradox of International Finance Sol Picciotto 8. The Next 'Great Transformation'? The Double Movement in Transnational Corporate Governance and Capital Markets Regulation Peer Zumbansen (B) Organising and Legalising Services Transnationally 9. International Standards and the Service Economy Jean-Christophe Graz 10. Commodifying and Embedding Services of General Interests in Transnational Contexts: The Example of Healthcare Liberalisation in the EU and the WTO Markus Krajewski 11. Embedded Transnational Markets for Telecommunications Services Olga Batura (C) Labour Standards in De-nationalised Markets 12. WTO and ILO: Can Social Responsibility be Maintained in International Trade? Josef Falke 13. The UN Special Representative on Business and Human Rights: Re-embedding or Dis-embedding Transnational Markets? Claire Methven O'Brien 14. Globalising Speenhamland: On the Transnational Metamorphosis of Corporate Social Responsibility Marc Amstutz Part IV: Re-embedding Transnational Markets through Law? 15. The State in International Law Karl-Heinz Ladeur 16. The Dialectics of Transnational Economic Constitutionalism Moritz Renner 17. The Constitution of Transnational Governance Arrangements: Karl Polanyi's Double Movement in the Transformation of Law Lars Viellechner 18. A New Type of Conflicts Law as the Legal Paradigm of the Postnational Constellation Christian Joerges

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Karl Polanyi, globalisation and the potential of law in transnational markets

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