Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0495
Michael R. Myers
Abstract:In this Note, I seek to answer a simple question: By owning a large quantity of United States debt, can a foreign country influence United States policies at home or abroad? To answer, I apply scholarship in financial leverage theory to China—the largest foreign holder of U.S. debt. As a result, I find no plausible threat of China using financial leverage against the United States.Instead, I argue that the true impact of China's rise as a creditor state has been its ability to fundamentally undervalue its currency by investing in the sovereign debt of foreign nations. Such monetary policies run contrary to China's obligations with the International Monetary Fund and expose the need for a more effective international enforcement mechanism for intentional currency devaluations. While the World Trade Organization's Dispute Settlement Board may provide an alternative solution, I believe China's emergence as a trading power will insulate it from international punishment.In the end, I look to the market, or "global invisible hand" for solace. I argue that over the long term the global market will act as a regulator and will rein in China's currency policies as the country liberalizes its markets and begins to shift away from a traditional export-driven economy.
{"title":"The Globalization of United States Debt: The Real Impact of China's Rise as a Creditor State","authors":"Michael R. Myers","doi":"10.2979/INDJGLOLEGSTU.25.1.0495","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0495","url":null,"abstract":"Abstract:In this Note, I seek to answer a simple question: By owning a large quantity of United States debt, can a foreign country influence United States policies at home or abroad? To answer, I apply scholarship in financial leverage theory to China—the largest foreign holder of U.S. debt. As a result, I find no plausible threat of China using financial leverage against the United States.Instead, I argue that the true impact of China's rise as a creditor state has been its ability to fundamentally undervalue its currency by investing in the sovereign debt of foreign nations. Such monetary policies run contrary to China's obligations with the International Monetary Fund and expose the need for a more effective international enforcement mechanism for intentional currency devaluations. While the World Trade Organization's Dispute Settlement Board may provide an alternative solution, I believe China's emergence as a trading power will insulate it from international punishment.In the end, I look to the market, or \"global invisible hand\" for solace. I argue that over the long term the global market will act as a regulator and will rein in China's currency policies as the country liberalizes its markets and begins to shift away from a traditional export-driven economy.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"495 - 511"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49167418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0131
H. Hansen
Abstract:How are we to understand the proliferating attempts amongst transnational corporations (TNCs) at collectively reducing the risk of corruption in business operations and interactions with state officials around the world? How are these endeavors linked to transformations of public and private authority in the global political economy? Premised on the observation that corruption is globalized and the growing efforts at tackling it equally so, this article draws on the literatures on private authority, governmentality, and criminological studies to explore anticorruption in terms of pre-crime and post-crime policing. The case of the maritime industry is analyzed, including the ways in which corruption is policed post-crime by governments and pre-crime by a collective action initiative, the Maritime Anti-Corruption Network (MACN). The paper finally discusses how the incipient collective policing of corruption undertaken by corporations nowadays intersects with changes in the organization of public and private authority. Corporate policing of corruption does not imply a simple shift from public toward private authority, but rather a growing emphasis on pre-crime interventions in a largely disaggregated, polycentric, and liquid global governance set-up, with corporations and their collective action initiatives emphasizing anticipatory logics and attempts at forestalling corruption.
{"title":"Policing Corruption Post-and Pre-Crime: Collective Action and Private Authority in the Maritime Industry","authors":"H. Hansen","doi":"10.2979/INDJGLOLEGSTU.25.1.0131","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0131","url":null,"abstract":"Abstract:How are we to understand the proliferating attempts amongst transnational corporations (TNCs) at collectively reducing the risk of corruption in business operations and interactions with state officials around the world? How are these endeavors linked to transformations of public and private authority in the global political economy? Premised on the observation that corruption is globalized and the growing efforts at tackling it equally so, this article draws on the literatures on private authority, governmentality, and criminological studies to explore anticorruption in terms of pre-crime and post-crime policing. The case of the maritime industry is analyzed, including the ways in which corruption is policed post-crime by governments and pre-crime by a collective action initiative, the Maritime Anti-Corruption Network (MACN). The paper finally discusses how the incipient collective policing of corruption undertaken by corporations nowadays intersects with changes in the organization of public and private authority. Corporate policing of corruption does not imply a simple shift from public toward private authority, but rather a growing emphasis on pre-crime interventions in a largely disaggregated, polycentric, and liquid global governance set-up, with corporations and their collective action initiatives emphasizing anticipatory logics and attempts at forestalling corruption.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"131 - 156"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48224620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0413
Emeritus George P. Smith
Although no express right to die with dignity is found in definitive instruments on human rights, the Charter of the United Nations nonetheless addresses the need to protect and safeguard the essential dignity and worth of the human person during life and, arguably, also at death. Indeed, the United Nations has taken an active role in codifying a mandate to ensure human dignity be given and observed within various contexts of International Law. A powerful interface exists between human dignity and the right to life; for, many of the claims to a right to die with dignity actually reaffirm a more general commitment to a shared life of loving and of being set within the framework of living a full life in dignity. Since the conclusion of World War II, a number of European constitutions, in particular, acknowledge presently dignity as a first principle, a constitutional value, a normative standard for policy making, a constitutional right or even an absolute right . The current debate over the issue of dignitary status is broadened contextually when notions of death with dignity are introduced and examined. This Article probes the efficacy of the present conflicts arising from this extended debate and concludes that the very right to self determination, dignity, and to life itself, should be acknowledged and respected especially at its end-stage. Clear evidence of this progressiveness is to be found, domestically, in the United States by state legislative actions which allow pharmacologic assistance at death for terminally ill individuals. These actions may be seen, and applauded, as a nascent response to similar global actions allowed, notably, in The Netherlands, Belgium, and Switzerland. Judicial responses to this matter, however, remain guarded and indecisive.
{"title":"\"Dignity in Living and in Dying\": The Henry H. H. Remak Memorial Lecture","authors":"Emeritus George P. Smith","doi":"10.2979/INDJGLOLEGSTU.25.1.0413","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0413","url":null,"abstract":"Although no express right to die with dignity is found in definitive instruments on human rights, the Charter of the United Nations nonetheless addresses the need to protect and safeguard the essential dignity and worth of the human person during life and, arguably, also at death. Indeed, the United Nations has taken an active role in codifying a mandate to ensure human dignity be given and observed within various contexts of International Law. A powerful interface exists between human dignity and the right to life; for, many of the claims to a right to die with dignity actually reaffirm a more general commitment to a shared life of loving and of being set within the framework of living a full life in dignity. Since the conclusion of World War II, a number of European constitutions, in particular, acknowledge presently dignity as a first principle, a constitutional value, a normative standard for policy making, a constitutional right or even an absolute right . The current debate over the issue of dignitary status is broadened contextually when notions of death with dignity are introduced and examined. This Article probes the efficacy of the present conflicts arising from this extended debate and concludes that the very right to self determination, dignity, and to life itself, should be acknowledged and respected especially at its end-stage. Clear evidence of this progressiveness is to be found, domestically, in the United States by state legislative actions which allow pharmacologic assistance at death for terminally ill individuals. These actions may be seen, and applauded, as a nascent response to similar global actions allowed, notably, in The Netherlands, Belgium, and Switzerland. Judicial responses to this matter, however, remain guarded and indecisive.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"413 - 438"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49060822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0539
Boyu Wang
Abstract:On August 30, 2016, the European Commission ordered Ireland to collect $14.5 billion plus interest in unpaid taxes between 2003 and 2014 from Apple Inc. The European Union suggested that Ireland made "sweetheart deals" with Apple in exchange for bringing more jobs into the country and concluded that these deals constituted illegal tax benefits, contrary to the European Union's prohibitions against "state aid."Profit shifting and transfer pricing manipulation dominate the analysis of the corporate tax structure in Ireland and its position in the context of global tax policy. This note explains the European Commission's Apple decision and analyzes how this decision will affect Ireland's international relations and its law reform, so that Ireland could comply with the European Union and international tax law.The European Commission's Apple decision helped the United States, the European Union, and Ireland start a conversation on how to work together to regulate tax evasion on a global scale. I conclude that tax system reforms on an international scale will happen in the future to combat "illegal deals" between multinational companies and specific countries.
{"title":"After the European Commission Ordered Apple to Pay Back Taxes to Ireland: Ireland's Future in the New Global Tax Environment","authors":"Boyu Wang","doi":"10.2979/INDJGLOLEGSTU.25.1.0539","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0539","url":null,"abstract":"Abstract:On August 30, 2016, the European Commission ordered Ireland to collect $14.5 billion plus interest in unpaid taxes between 2003 and 2014 from Apple Inc. The European Union suggested that Ireland made \"sweetheart deals\" with Apple in exchange for bringing more jobs into the country and concluded that these deals constituted illegal tax benefits, contrary to the European Union's prohibitions against \"state aid.\"Profit shifting and transfer pricing manipulation dominate the analysis of the corporate tax structure in Ireland and its position in the context of global tax policy. This note explains the European Commission's Apple decision and analyzes how this decision will affect Ireland's international relations and its law reform, so that Ireland could comply with the European Union and international tax law.The European Commission's Apple decision helped the United States, the European Union, and Ireland start a conversation on how to work together to regulate tax evasion on a global scale. I conclude that tax system reforms on an international scale will happen in the future to combat \"illegal deals\" between multinational companies and specific countries.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"539 - 564"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48220823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0265
Anna Leander
Abstract:This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics surrounding public-in-the-private forms of protection. I show that the Duty of Care does considerable political work. It contributes to decentering, commercializing, and depoliticizing protection. In so doing, the Duty of Care is justifying this specific form of protection, defining and extending its scope, and perpetuating it. The article makes this argument by drawing both on the legal discussion about the Duty of Care and on close observation of its presence in the Security and Counterterrorism Expo trade fair. It concludes that acknowledging the politics of the Duty of Care requires shifting the focus and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally.
{"title":"The Politics of Legal Arrangements: The \"Duty of Care,\" Justifying, Extending, and Perpetuating the Public-in-the-Private Forms of Protection","authors":"Anna Leander","doi":"10.2979/INDJGLOLEGSTU.25.1.0265","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0265","url":null,"abstract":"Abstract:This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics surrounding public-in-the-private forms of protection. I show that the Duty of Care does considerable political work. It contributes to decentering, commercializing, and depoliticizing protection. In so doing, the Duty of Care is justifying this specific form of protection, defining and extending its scope, and perpetuating it. The article makes this argument by drawing both on the legal discussion about the Duty of Care and on close observation of its presence in the Security and Counterterrorism Expo trade fair. It concludes that acknowledging the politics of the Duty of Care requires shifting the focus and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"265 - 289"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46374280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0157
T. Walter, O. Kessler
Abstract:Recent years have seen increasing theoretical and practical attempts to come to terms with the strains on public authority at the level of transnational regulation and governance. For the most part, these have followed what could be called a strategy of transposition, seeking to install functional equivalents to familiar forms of nation-state or Westphalian public authority. While useful for some analytical purposes, the validity of this strategy depends on the nature of public authority remaining unchanged: the same 'function' is now fulfilled by somebody else. In this article, we argue, in contrast, that the very form of public authority has changed. We propose to rethink authority in line with current social-theoretical and sociological insights into the ways in which the public presupposes, and public authority depends on prior forms of social order and coordination. We complement our theoretical argument about the consequences of failing to account for these entanglements between knowledge, expertise, and public authority with a short case study of the European Union's recent project of constructing a Capital Market Union in the Eurozone.
{"title":"The Public and Its Problems: How the EU's Capital Market Union Defines the Bounds of Legitimate Knowledge and Redraws the Boundaries of (Public) Authority","authors":"T. Walter, O. Kessler","doi":"10.2979/INDJGLOLEGSTU.25.1.0157","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0157","url":null,"abstract":"Abstract:Recent years have seen increasing theoretical and practical attempts to come to terms with the strains on public authority at the level of transnational regulation and governance. For the most part, these have followed what could be called a strategy of transposition, seeking to install functional equivalents to familiar forms of nation-state or Westphalian public authority. While useful for some analytical purposes, the validity of this strategy depends on the nature of public authority remaining unchanged: the same 'function' is now fulfilled by somebody else. In this article, we argue, in contrast, that the very form of public authority has changed. We propose to rethink authority in line with current social-theoretical and sociological insights into the ways in which the public presupposes, and public authority depends on prior forms of social order and coordination. We complement our theoretical argument about the consequences of failing to account for these entanglements between knowledge, expertise, and public authority with a short case study of the European Union's recent project of constructing a Capital Market Union in the Eurozone.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"157 - 185"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41968012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0291
P. Ireland
Abstract:This paper explores the attempts to depict the global rise to dominance of the shareholder-oriented joint stock corporation as largely economically determined and to portray these corporations as fundamentally "private" in nature. By analyzing the economic nature of the joint stock companies (JSCs) that emerged in growing numbers in the nineteenth century, the historical construction of a corporate legal form to accommodate them, and the very different possible futures contained within their rise (one highly "financialized," the other increasingly "socialized"), the paper argues that special interests and power lie behind what is often dressed up as economic efficiency. Against this backdrop, the paper seeks to highlight the sharp contradiction between the continuing private appropriation of corporate surpluses and the increasingly social and transnational character of production and growing volume of public interventions, national and international, needed to protect rentier investors.
{"title":"Efficiency or Power? The Rise of the Shareholder-oriented Joint Stock Corporation","authors":"P. Ireland","doi":"10.2979/INDJGLOLEGSTU.25.1.0291","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0291","url":null,"abstract":"Abstract:This paper explores the attempts to depict the global rise to dominance of the shareholder-oriented joint stock corporation as largely economically determined and to portray these corporations as fundamentally \"private\" in nature. By analyzing the economic nature of the joint stock companies (JSCs) that emerged in growing numbers in the nineteenth century, the historical construction of a corporate legal form to accommodate them, and the very different possible futures contained within their rise (one highly \"financialized,\" the other increasingly \"socialized\"), the paper argues that special interests and power lie behind what is often dressed up as economic efficiency. Against this backdrop, the paper seeks to highlight the sharp contradiction between the continuing private appropriation of corporate surpluses and the increasingly social and transnational character of production and growing volume of public interventions, national and international, needed to protect rentier investors.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"291 - 330"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41814097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0513
K. Sheets
Abstract:The global Unmanned Aircraft System, or unmanned aerial systems (UAS) revolution is poised to have an impact across a broad range of industries from agriculture to filmmaking. The United States has taken a difficult and slower path to implementing UAS policy, with Congress essentially mandating the Federal Aviation Administration (FAA) to take action in 2015. The FAA's 624-page rulebook marks the first attempt of any comprehensive plan to regulate remote-controlled and commercial aircraft activity. Across the globe, Japan, a country with a proven track record in electronics and technology, is outpacing other countries in devising regulations that will increase UAS use to benefit the nation's citizens. This paper argues that Japan's historical experience with unmanned aviation vehicles (UAVS), beginning mainly in the 1980s in the agricultural sector, allowed the Japanese government to coalesce more quickly in revising their civil aviation law than most developed countries. This note examines Japan's influence on UAS policy with the formation of regulations and adoption of new technology. More specifically, it looks at the United States as a case study as evidence of Japan's influence on other developed nations.
{"title":"The Japanese Impact on Global Drone Policy and Law: Why a Laggard United States and Other Nations Should Look to Japan in the Context of Drone Usage","authors":"K. Sheets","doi":"10.2979/INDJGLOLEGSTU.25.1.0513","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0513","url":null,"abstract":"Abstract:The global Unmanned Aircraft System, or unmanned aerial systems (UAS) revolution is poised to have an impact across a broad range of industries from agriculture to filmmaking. The United States has taken a difficult and slower path to implementing UAS policy, with Congress essentially mandating the Federal Aviation Administration (FAA) to take action in 2015. The FAA's 624-page rulebook marks the first attempt of any comprehensive plan to regulate remote-controlled and commercial aircraft activity. Across the globe, Japan, a country with a proven track record in electronics and technology, is outpacing other countries in devising regulations that will increase UAS use to benefit the nation's citizens. This paper argues that Japan's historical experience with unmanned aviation vehicles (UAVS), beginning mainly in the 1980s in the agricultural sector, allowed the Japanese government to coalesce more quickly in revising their civil aviation law than most developed countries. This note examines Japan's influence on UAS policy with the formation of regulations and adoption of new technology. More specifically, it looks at the United States as a case study as evidence of Japan's influence on other developed nations.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"513 - 537"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46089244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-12DOI: 10.2979/INDJGLOLEGSTU.25.1.0037
H. Watt
Abstract:This contribution attempts to approach informal transnational authority through the lens of critical private international law. It subscribes to the underlying idea within this volume, according to which the workings of the highly complex dynamic between the public and the private are cardinal to understanding contemporary global shifts in transnational authority, placing the rise of informal transnational authority at its epicenter. Expressions of private authority in the global arena take place outside formal legal discourse. Capital expanding beyond state boundaries has organized its own forms of authority, which arbitrate, enforce and legitimize new processes and structures beyond the state. To understand the ways in which this has taken place, the methodological dimensions of private international law, which have been central to these processes, require closer scrutiny.
{"title":"Private International Law's Shadow Contribution to the Question of Informal Transnational Authority","authors":"H. Watt","doi":"10.2979/INDJGLOLEGSTU.25.1.0037","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0037","url":null,"abstract":"Abstract:This contribution attempts to approach informal transnational authority through the lens of critical private international law. It subscribes to the underlying idea within this volume, according to which the workings of the highly complex dynamic between the public and the private are cardinal to understanding contemporary global shifts in transnational authority, placing the rise of informal transnational authority at its epicenter. Expressions of private authority in the global arena take place outside formal legal discourse. Capital expanding beyond state boundaries has organized its own forms of authority, which arbitrate, enforce and legitimize new processes and structures beyond the state. To understand the ways in which this has taken place, the methodological dimensions of private international law, which have been central to these processes, require closer scrutiny.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"37 - 60"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46406697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-01DOI: 10.2979/INDJGLOLEGSTU.25.2.0639
Sara Dezalay
Abstract:Africa is the "Global Economy's Last Frontier"! Images of the African continent as a boon of mineral riches, and a new legal Far West pervade media and scholarly accounts. Yet, these images tend to reflect the protracted political and development dependency of African states, with lawyers involved in corporate dealings on the continent either denounced as mercenaries at the service of neo-colonial "looting" or idealized as missionaries of the rule of law. This article suggests a research strategy that moves away from these ideological and political accounts. It uses lawyers' trajectories and professional strategies as an entry-point to reglobalize the longue durée of the unequal and uneven connections between Africa and the world. The "Africa" Bar in Paris—the empirical focus of this article—emerges as a microcosm of such interconnected and enduring histories of globalization. Offshore, yet connected, this Bar is a "cross-roads" space across politics and economics, shaped by the legacies of the ties between Paris, the metropole, and its former African colonies, and ongoing waves of corporate legal globalization from the U.S. toward Europe and most recently the African continent.
{"title":"Lawyers in Africa: Brokers of the State, Intermediaries of Globalization: A Case Study of the \"Africa\" Bar in Paris","authors":"Sara Dezalay","doi":"10.2979/INDJGLOLEGSTU.25.2.0639","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.2.0639","url":null,"abstract":"Abstract:Africa is the \"Global Economy's Last Frontier\"! Images of the African continent as a boon of mineral riches, and a new legal Far West pervade media and scholarly accounts. Yet, these images tend to reflect the protracted political and development dependency of African states, with lawyers involved in corporate dealings on the continent either denounced as mercenaries at the service of neo-colonial \"looting\" or idealized as missionaries of the rule of law. This article suggests a research strategy that moves away from these ideological and political accounts. It uses lawyers' trajectories and professional strategies as an entry-point to reglobalize the longue durée of the unequal and uneven connections between Africa and the world. The \"Africa\" Bar in Paris—the empirical focus of this article—emerges as a microcosm of such interconnected and enduring histories of globalization. Offshore, yet connected, this Bar is a \"cross-roads\" space across politics and economics, shaped by the legacies of the ties between Paris, the metropole, and its former African colonies, and ongoing waves of corporate legal globalization from the U.S. toward Europe and most recently the African continent.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"639 - 669"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45484217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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