This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.
• The chapters share a unifying theme that is timely and relevant across the international economic law field • Readers interested in the tension between IEL obligations and national autonomy will be able to examine this issue through a diverse set of approaches • Contributors address the core theme from a broad range of international economic law foci, including the major IEL areas of WTO law, investment law, and financial/monetary law • Readers interested primarily in a specific area of IEL will find multiple chapters relevant to each particular area
Foreword. The transnationalism of Detlev Vagts Harold Hongju Koh; 1. Introduction. A festschrift to celebrate Detlev Vagts' contributions to transnational law Pieter Bekker, Rudolf Dolzer and Michael Waibel; 2. Detlev Vagts and the Harvard Law School William Alford; 3. Constructing and developing transnational law: the contribution of Detlev Vagts Henry Steiner; Part I. International Law in General: 4. 'Hegemonic international law' in retrospect Anthony Anghie; 5. Textual interpretation and (international) law reading: the myth of (in) determinacy and the genealogy of meaning Andrea Bianchi; 6. The changing role of the State in the globalizing world economy Jost Delbrück; 7. Sources of human rights obligations binding the UN Security Council Bardo Fassbender; 8. Is transnational law eclipsing international law? Daniel Kalderimis; 9. Participation in WTO and foreign direct investment - national or community competences Juliane Kokott; 10. From dualism to pluralism: the relationship between international law, European law and domestic law Andreas Paulus; 11. Transnational law comprises constitutional, administrative, criminal, and quasi-private law Anne Peters; 12. Founding myths, international law and voting rights in the District of Columbia Siegfried Wiessner; 13. The tormented relationship between international law and EU law Jan Wouters; 14. International law scholarship in times of dictatorship and democracy - exemplified by the life and work of Wilhelm Wengler Andreas Zimmermann; Part II. Transnational Economic Law: 15. Sovereignty-plus in the era of interdependence: toward an international convention on combating human rights violations by transnational corporations Olivier De Schutter; 16. The noisy secrecy: Swiss banking law in international dispute Jean Nicolas Druey; 17. Not-for-profit organisations, conflicts of laws, and the right of establishment under the EC treaty Werner Ebke; 18. The meaning of 'investment' in the ICSID convention Barton Legum and Caline Mouawad; 19. Toward a proper perspective of the private company's distinctiveness George Nnona; 20. Administrative law and international law: the encounter of an odd couple Hernán Pérez Loose; 21. Making transnational law a reality through regime-building: the case of international investment law Jeswald Salacuse; 22. Creditor protection in international law Michael Waibel; 23. Stability, integration, and political modalities: some American reflections on the European project after the financial crisis David Westbrook; Part III. Transnational Lawyering and Dispute Resolution: 24. Diffusion of law: the world court as a court of transnational justice Pieter Bekker; 25. Regulating counsel conduct before international arbitral tribunals Charles Brower and Stephan Schill; 26. International arbitrators as equity judges Jan Dalhuisen; 27. Customary international law in United States courts: the origins of the later-in-time rule William Dodge; 28. Mediation and civil justice: a public-private partnership? Peter Murray; 29. The borders of bias: rectitude in international arbitration William Park; 30. Managing conflicts between rulings of the WTO and regional trade tribunals: reflections on the Brazil-Tyres case Julia Ya Qin; 31. Cross-border bankruptcy as a model for the regulation of international attorneys Catherine Rogers.