Transnational law and state transformation : the case of extractive development in Mongolia
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Bibliographic Information
Transnational law and state transformation : the case of extractive development in Mongolia
（Law, development and globalization）（GlassHouse book）
Routledge, 2020
- : hbk
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets.
The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia's recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia's mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically.
The book will be of interest to scholars of international law, global governance and the political economy of development.
Table of Contents
Table of Contents
Preface
Part I: Theory and Summary of the Book
Transnational Law, State Transformation and Global Markets: Economic Development and Material Constitutional Change
Decoding "Development": A Socio-Legal Approach
Development Code-Cracking: The Conceptual Origin Story of the Book
Parts of a Whole: State, Law and Market from Material Constitutional Perspective
Seeking Reward and Mitigating Risk: The Changing Dynamics of "Development" in the Global Economy
Development as State Modernisation
Development as Marketisation
Building Markets, Building States: Understanding the Contemporary Paradigm
Contextualising Extractive Development
Conclusion
Introduction to the Case Study
Constituting a Resource Frontier in Outer Mongolia
Chapter Outline
A Note on Research Methods
Part II: The Case Study
State, Law and Economy in Mongolia: An Historical Overview
Introduction: Tracing Material Constitutional Change over Time
State-Economic Relations Prior to the National State: An Overview of the Mongol Aristocratic-Pastoral Order (Twelfth - Twentieth Centuries)
Socio-Political Constitution of the Early Mongol State
Sustaining the Aristocratic State: Embedded Economy and Customary Norms
Distinguishing the Economic from the Political: State Socialism, National Industrialisation and Regional Integration in the Soviet Union (1924-1990)
A Shifting Situation: New Geopolitical Challenges in the Early Twentieth Century
Socialist Constitutionalism: New Institutions and Revolutionary Legality for the Mongol People's Republic
Introducing "Economic Development" into Mongol Steppe Society
Democratising the Government, Depoliticising the Economy? The Post-Socialist Mongolian State
(Re)constitutionalisation Part I: A New Blueprint for Accumulation
(Re)constitutionalisation Part II: A New Political-Legal Regime
Mongolia as a Model Market Democracy?
Conclusion
See-Saws of Instability: Mongolia's Mining Regime from 1994-2014
Introduction
1994-2002: Making a Minerals Market on the "Final Frontier"
2002-2006: Re-evaluating the State-Market Balance
2006-2009: State-Market Compromise and the Oyu Tolgoi Investment Agreement
2009-2013: Optimism and Entanglement
2014: Facing the Crisis of Transnational Capital and Confidence
Conclusion
After the Crisis: Strategies for Stabilisation within the State
Introduction
Unstable Institutions at the Centre and the Periphery: Curtailing Political Risk within the State for Foreign Investment
Conflict at the Core: Parliament, Politicians and "Resource Nationalism"
Conflict at the Periphery: Local Governments, Rent-Seeking and Corruption
Stabilisation Mechanisms: Blurring Public-Private Boundaries and Strengthening Executive Authority in the Mining Regime
Blurring the Public-Private Divide at the Central and Sub-National Scales
Deepening Executive Power within Central and Sub-National Administrations
Conclusion
Redefining Resistance: Strategies for Stabilisation in State-Society Relations
Introduction
Organised Civil Society in Mongolia: An Overview
The Law and Politics of Exclusion in the Making of a "Civil" Society: Limiting Political Risk from Environmental Activists
The Emergence of Environmental Activism around Mining in Mongolia
Stabilisation Mechanism I: Excluding Dissent through Institutional Disassociation and State Criminalisation
Stabilisation Mechanism II: Inclusion Through Multi-Stakeholder Dialogue, Consensus Building and the Narrative of "Shared Responsibility"
Governing Political Risk for Mining Projects through the Norms and Mechanisms of Corporate Social Responsibility: Tracing a Transnational Normative Agenda
Institutionalising Multi-Stakeholder Norms and Practices in Mongolia's Mining Regime: The Extractive Industries Transparency Initiative and the Integrated Mineral Resource Initiative
Non-State Dispute Resolution and Conflict Mediation: The Role of the International Finance Corporation in the South Gobi
Summary of Case Studies
Conclusion
Part III: Theoretical Reflections
Transnational Legal Ordering and State Transformation in Mongolia: Summarising the Case Study
Introduction
Transnational Legal Ordering
Stabilising Mongolia's Investment Environment as a Process of Transnational Legal Ordering
Substantive Legal Reform
Changes in the Boundary between the State and the Market, and other Forms of Social Ordering
Changes in the Institutional Architecture of the State
Enhancement of Professional Expertise and its Role in Governance
Change in Associational Patterns Instituted through Transnational Mechanisms of Accountability with Accompanying Normative Frames
Summary
The Legal and Political Costs of Transnational Legal Ordering in Mongolia's Mining Regime
"Who Cares about Politics?" Setting out the Significance of Transnational Legal Ordering for Democratic Politics in Mongolia
A New Rule for the Rule of Law? Stability as the new Grundnorm for Mining Law and Policy
'It is Our Destiny to Work with Our Neighbours': From Geo-Politics to Geo-Economics
The Law of Unintended Consequences: Perils in New Patterns of State Transformation
Conclusion
Reflecting on Material Constitutional Change in Mongolia
Seeing the Forest for the Trees
by "Nielsen BookData"
