Index
Aboriginal rights, in Canada, 385
actors, role in legal entanglement, . See also pathways
governmental actors,
non-governmental actors,
in social credit initiatives, data-driven management systems as influence on, 88
ad hoc entanglement, with corporate social responsibility,
ad hoc legal entanglement, for NCPs,
Adam v. Knesset,
Affolter, Laura, 407
African Charter on Human and People’s Rights (ACHPR),
Agenda 21, 194
Agreement on Sanitary and Phytosanitary Measures (SPS Agreement), , 223
Agreement on Technical Barriers to Trade (TBT Agreement), , , 223
Agreement on the International Dolphin Conservation Program (AIDCP),
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement),
Alter, Karen, 354
American National Standards Institute (ANSI), 460
Amnesty International, 320
Anderson, Michael,
Angela González Carreño v. Spain,
Angola,
Anishinaabe peoples, under Indigenous treaties,
Anker, Kirsten, 410
Anthropocene, ecological entanglement and,
anti-money laundering mechanisms,
Argentina, investor–state dispute settlement mechanisms in,
Asian Infrastructure Investment Bank, 115
Austin, John, 428
Baer, Susanne, 412
Bangladesh, colonial entanglements in,
BNP Party in, 51
Civil Codes and, ,
Convention on the Elimination of All Forms of Discrimination against Women and, , 53
Convention on the Rights of the Child and,
Covenant on Economic, Social, and Cultural Rights and,
Criminal Codes and, ,
historical development of,
after second partition of Indian subcontinent,
International Covenant on Civil and Political Rights and,
Jamaat-e-Islami and, , 54
Kissinger on, 43
Village Court Act,
Bangladesh Bank, 250
Bank for International Settlements (BIS), 291,
banking reforms, 243
Basel Committee on Banking Supervision,
Belt and Road Initiative (BRI), China, 18
Asian Infrastructure Investment Bank and, 115
centralized goals of,
Chinese Communist Party role in, 119
Court of Justice of the European Union and, 109
entangled legalities of,
ethnographic methodology in, 118
interdependence within,
under international law,
sociological methodology in, 118
under transnational finance law,
European Court of Human Rights and, 109
European Economic Community,
goals and objectives of,
as governance project,
Greece and, 120
Hungary and,
under International Investment Agreements,
legal pluralism and, 111
localized effects of,
Ministry of Commerce and, 109
One Belt, One Road initiative,
Pakistan and,
separateness of legal norms and, ,
theoretical approach to,
Trans-Pacific Partnership and,
under Treaty of Rome,
World Bank Group and, 115
Benda-Beckmann, Kebbet von, 411
Benjamin, Walter,
Benton, Lauren,
Berman, Paul, ,
Beyond Constitutionalism (Krisch), 355
Bhandar, Brenna, 38
bilateral investment treaties (BITs)
international investment governance sites and, 165
investor–state dispute settlement mechanisms and, , 184
Biosafety Protocol, CBD,
blacklists, in social credit initiatives, 97
Blatter, Sepp,
BNP Party, in Bangladesh, 51
Borrows, John, , , 389
Bouman, Marlies, 40
Bower, Adam,
British Empire, legal entanglement in,
buen vivir principle, in Ecuador,
Camdessus, Michel, 296
Campo, José Antonio, 299
Canada. See also Indigenous legalities
Aboriginal rights in, 385
Columbia Center on Sustainable Investment in, 178
Comprehensive Economic Trade Agreement, 185
EU–Canada Comprehensive Economic and Trade Agreement, 214
First Nations Land Management Act,
K’omoks First Nation land codes under,
private prosecutions under,
Framework Agreement on First Land Management,
K’omoks First Nation land codes under,
private prosecutions under,
Free Trade Agreement, with Peru,
Indian Act 1876, 377
investor–state dispute settlement mechanisms in,
legal entanglements in, conceptual development of,
North American Free Trade Agreement,
reconciliation project, 73
supremacy claims in, Indigenous legal systems and,
Supreme Court of Canada,
UN human rights treaties monitoring bodies in,
Canada/US Continued Suspension dispute, 220
Canadian Constitution Act (1982),
Carrai, Maria Adele, 115
Case for an International Banking Standard, The (Goldstein),
Centre for International Environmental Law (CIEL), 213
‘cession’ treaties, 66
CETA. See Comprehensive Economic Trade Agreement; EU–Canada Comprehensive Economic and Trade Agreement
Chanock, Martin, 37
China. See also Belt and Road Initiative; social credit initiatives
artificial intelligence in, 92
Chinese Communist Party,
Belt and Road Initiative and, 119
investor–state dispute settlement mechanisms in, 168
Ministry of Commerce in, 109
Twelve Core Socialist Values in,
UK economic relations with, 113
choice of law, tertiary rules and,
Christie, Gordon, 75
Chunnu, Saiful,
citizenship
ecological,
under Roman law,
Civil Procedure Act, Norway,
civil society, corporate social responsibility and,
Codex Alimentarius Commission (CAC), ,
Cohen, Morris, 457
Colombia, investor–state dispute settlement mechanisms in, 179
colonial capital, 230
colonial entanglements. See also Bangladesh
through coercion, 37
colonial laws and, constitutive effects of,
private property laws,
deferral of, ,
through appellate court decisions,
denial of, ,
in media reports,
through Supreme Court verdict,
for fatwa practices,
human rights issues,
historical trajectory for,
legal interpretation of,
legal pluralism and,
under non-state law,
in North America, legal pluralism and,
conciliatory approaches to, 65
for Indigenous peoples,
under Royal Proclamation of 1763,
Treaty of Albany, 65
under state law,
theoretical approach to, overview of,
translation of, ,
by NGOs,
by non-state justice institutions,
for secular women’s rights,
under transnational law,
colonial laws, colonial entanglements and, constitutive effects of,
private property laws,
Columbia Center on Sustainable Investment (CCSI), in Canada, 178
Comaroff, John, 38
common law judges, 14
Communist Party of China (CPC),
Belt and Road Initiative and, 119
community law, transnational legal pluralism and,
compliance mechanisms, for social credit initiatives, 103
Comprehensive Economic Trade Agreement (CETA), 185
Comprehensive Iran Sanctions, Accountability, and Divestment Act, US (2011),
Comprehensive Peace Agreement (2005),
Concept of Law (Hart), ,
conflict-of-law norms, for international law, 5
Constable, Marianne, 75
Constitution Act
constitutional capture, 73
constitutional pluralism, European Court of Justice and, 10
Convention on Enforced Disappearances (CED), monitoring committee of, 135
Convention on International Trade in Endangered Species (CITES), ,
Convention on Migrant Workers (CMW), monitoring committee of, 135
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), , 53
monitoring committee of,
in Spain,
Convention on the Elimination of Racial Discrimination (CERD), monitoring committee of, 135
Convention on the Rights of Persons with Disabilities (CRPD), monitoring committee of, 135
in Germany,
Convention on the Rights of the Child (CRC),
monitoring committee of, 135
corporate social responsibility (CSR). See also National Contact Points; Organisation for Economic Co-operation and Development guidelines
ad hoc entanglement with,
African Charter on Human and People’s Rights and,
Amnesty International and, 320
definitions of,
for civil society actors,
in EU,
for non-governmental organizations,
norms for, 321
under Paris Agreement, 338
pluralism within, 348
regulatory impact of, 320
scope of,
systems interactions in,
Environmental Impact Assessments, 326
Environmental Management Systems,
International Finance Corporation, 325
International Organization for Standardization,
Social Impact Assessments, 326
UN Guiding Principles,
theoretical approach to,
cosmopolitics,
Cotterrell, Roger,
counter-entanglements, in Ecuador,
countering-financing of terrorism (CFT),
anti-money laundering mechanisms,
through banking reforms, 243
cooperation with other states,
counter-proliferation finance mechanisms,
design of, 237
Financial Action Task Force, , 246
targetedness of,
under US International Emergency Economic Powers Act, 250
counter-proliferation finance mechanisms,
counter-terrorist sanctions regime, by UN Security Council, . See also countering-financing of terrorism
9/11 terrorist attacks and,
Angola and,
Democratic People’s Republic of Korea and, 233, ,
banking sanctions against,
SWIFT role in,
UN Security Council Resolutions against, 240,
under US International Emergency Economic Powers Act, 250
domestic sanctions,
by US,
external dynamics for,
historical development of,
Iran and
Joint Comprehensive Plan of Action against,
UN Security Council Resolutions against, ,
Iraq and, ,
Kuwait and, 235
Liberia and,
multilateral sanctions,
overview of,
panels of experts for, comprehensivation through,
evaluation and monitoring of sanctions,
institutional support for,
political nature of,
UN Security Council Resolutions and, 251
Rhodesia and, 235
Sierra Leone and,
South Africa and, 235
state jurisdictions for,
through trading restrictions, 235
transnational policy network for,
UN Security Council Resolutions, 233,
against Democratic People’s Republic of Korea, 240,
Financial Action Task Force and, 246
against Iran, ,
panel of experts and, 251
requirements of,
War on Terror and,
Court of Arbitration for Sport (CAS), 14, 260, 459
EU law and,
as constitutional check,
Court of Justice of the European Union,
FIFA and,
European Convention on Human Rights and, ,
under Article 6(1), procedural guarantees of,
due process and, ,
jurisdictional issues,
sports governing bodies’ regulations and, compatibility with,
World Anti-Doping Code and,
European Court of Human Rights and,
evidence requirements,
French law and, 262
German law and, 262
goals and objectives of,
Italian law and, 262
lex sportiva, ,
overview of,
sports governing bodies and
administrative practices of,
due process inside,
European Convention on Human Rights and, compatibility with,
under Swiss law,
World Anti-Doping Code and,
Swiss law and,
exclusive applicability of,
FIFA cases,
Haas doctrine and, 265
sports governing bodies under,
Swiss Federal Tribunal,
Court of Justice of the European Union (CJEU), 109
Court of Arbitration for Sport and,
investor–state dispute settlement mechanisms in, 190
Craft, Aimée, 69
Criminal Procedure Act, Norway,
Crockett, Andrew, 300
cross-border normativity, for tertiary rules,
authority sharing strategies,
challenges from,
denial strategies,
internalization strategies,
in Syrian law, 430
cross-polity law, transnational legal pluralism and,
cultural capital, 230
culture projects, social credit initiatives for,
Daniels, Detlef von, 435
data-driven management systems
artificial intelligence in, ,
construction of,
in European Union, 89
Facebook and,
governance of, , ,
machine learning and,
for population data,
social credit initiatives and,
governance actor relationships influenced by, 88
as substitute for legal norms, 87
theoretical approach to,
deferral, of colonial entanglements,
in Bangladesh,
Democratic People’s Republic of Korea (DPRK), ,
banking sanctions against,
SWIFT role in,
UN Security Council Resolutions against, 240,
UN Security Council sanctions against, 233
under US International Emergency Economic Powers Act, 250
denial, of colonial entanglements,
in Bangladesh,
dispute settlement agreements, during Late Antique period, for Roman law,
dispute settlement mechanisms, for World Trade Organization,
distancing strategies as part of,
international law as influence on,
for legal entanglements,
Dispute Settlement Understanding (DSU),
distancing, through National Contact Points,
distancing strategies, in dispute settlement mechanisms,
Doha Declaration, on TRIPS Agreement, 21
Doha Round, GATT,
domestic law
norms for, 1
UN human rights treaties monitoring bodies and,
acceptance and engagement of domestic law,
case-specific pathways,
judicial engagement in, ,
judicial non-engagement in,
normative pathways for,
in Spain,
Domingo, Rafael, 356
Draghi, Mario, 294
dual perspective approach, to Indigenous legalities,
Dworkin, Ronald, 28
Earth jurisprudence project, 63
Eatwell, John, 301
EC Hormones dispute, , 220
Agreement on Sanitary and Phytosanitary Measures and,
appeals process for,
legal aftermath of,
legal entanglements in,
EC-Biotech dispute, , 220
EU–Canada Comprehensive Economic and Trade Agreement and, 214
genetically–modified organisms in,
legal aftermath of,
legal entanglements in, 213
ecological citizenship,
ecological entanglement. See also Earth jurisprudence project; Indigenous legalities
Anthropocene and,
cosmopolitics and,
ecological jurisprudence and,
new materialisms and,
physical interdependence,
definite states, 60
recognition processes, 61
theoretical approach to,
uncertainty principle, 60
ecological law
ecological entanglement and,
Indigenous legalities and,
economic capital, 230
Ecuador,
buen vivir principle in,
counter-entanglements in,
investment law in,
legal norms in, importation of,
Ley de Fomento Productivo,
oil dumping cases in, Texaco and,
US–Ecuador Bilateral Investment Treaty,
education projects, social credit initiatives for,
Eichengreen, Barry, 301
Environmental Impact Assessments (EIAs), 326
Environmental Management Systems,
Equator Principles, 122
Ershad, Husain Md.,
EU law, Court of Arbitration for Sport and,
as constitutional check,
Court of Justice of the European Union,
FIFA and,
EU–Canada Comprehensive Economic and Trade Agreement (CETA), 214
European Convention for the Protection of Human Rights and Fundamental Freedoms,
European Convention on Human Rights (ECHR), Court of Arbitration for Sport and, ,
under Article 6(1), procedural guarantees of,
due process and, ,
jurisdictional issues,
sports governing bodies’ regulations and, compatibility with,
World Anti-Doping Code and,
European Court of Human Rights (ECtHR), 109,
Court of Arbitration for Sport and,
evidence requirements,
European Court of Justice (ECJ), constitutional pluralism and, 10
European Economic Community (EEC),
European Union (EU). See also European Economic Community; specific nations
Comprehensive Economic Trade Agreement, 185
corporate social responsibility in,
Court of Justice of the European Union, 109
data-driven management systems in, 89
EU–Canada Comprehensive Economic and Trade Agreement, 214
European Court of Human Rights, 109,
investor–state dispute settlement mechanisms in, 168
Executive Order 12938, US, 253
Export-Import Bank Act, US (1996),
extraspatial zones, for social credit initiatives,
extraterritoriality issues, in General Agreement on Tariffs and Trade, 203
Facebook,
fact doctrines, 431
fair and equitable treatment (FET) claims, in ISDS mechanisms, 172
Fajardo, Pablo, 414
fatwa practices, in Bangladesh,
as human rights issue,
Feng Xiang, 90
FIFA (Féderation Internationale de Football Association), ,
Financial Action Task Force (FATF)
counter-financing of terrorism and, , 246
global financial governance and,
Financial Stability Board (FSB), 17, , ,
Financial Stability Forum (FSF), 291, ,
First Nations Land Management Act (FNLMA) (1999), Canada,
K’omoks First Nation land codes under,
private prosecutions under,
Framework Agreement on First Land Management, Canada,
K’omoks First Nation land codes under,
private prosecutions under,
France
Court of Arbitration for Sport in, 262
jurisdictional initiatives in, 407
Supply Chain Due Diligence Law, 103
Franklin, Benjamin, 68
free, prior and informed consent (FPIC),
free trade agreements (FTAs)
Canada–Peru,
North American Free Trade Agreement,
Fuller, Lon, 364
Gadinis, Stavros,
Galanter, Marc,
General Agreement on Tariffs and Trade (GATT),
Doha Round,
extraterritoriality issues, 203
during The Great Acceleration, 194
legal entanglement mechanisms,
distancing strategies,
multilateral environmental agreements, 195
norm conflicts over time, in cases and disputes,
sustainable development issues under, 221
Tuna Dolphin I case, , 219
Convention on International Trade in Endangered Species,
legal aftermath of, 201
legal entanglements in,
regional factors, 199
Tuna Dolphin II case, , 219
Uruguay Round,
US-Tuna II case,
Agreement on Technical Barriers to Trade and,
appeals process for,
legal aftermath of, 218
legal entanglements in,
genetically modified organisms (GMOs),
George III (King), 68
George IV (King), 68
Germany
Convention on the Rights of Persons with Disabilities in,
Court of Arbitration for Sport in, 262
ius commune in, 8
jurisdictional initiatives in, 407
legal pluralism in, 8
local laws in, 8
National Contact Points in, for OECD guidelines, 339
tertiary rules in,
UN human rights monitoring bodies in,
Giovanoli, Mario, 301
Global Compact, 122
global constitutionalism, 356
global financial governance
Basel Committee on Banking Supervision,
bodies of norms,
competition between ordering projects,
international banking standards,
ordering of, after financial crises,
overarching norms,
by private actors, 300
reception norms,
scope of, 296
straddling practices for,
Financial Action Task Force and,
Financial Stability Board and, , ,
Financial Stability Forum, 291, ,
historical development of,
institutional pluralism and, 299
International Accounting Standards Board and, 300
International Federation of Accountants and, 309
international financial standards for,
International Monetary Fund and, ,
International Swaps and Derivatives Association, 304
multiplicity in,
harmonization as result of,
overview of,
soft financial law, 292
Tripartite Group of Banks working group,
World Bank and,
Goldstein, Morris,
governance, risk management, and compliance systems, 99
accountability in, 101
Bank for International Settlements, 291
controlling behaviours, 100
law enforcement regimes, 100
shaping cultures,
transparency regimes, 100
governmental actors, legal entanglement and,
Great Acceleration, The 194
Great Peace of Montreal, 68
Greco-Roman international law,
peace treaties under, 357
Greece, 120
Griffiths, John, ,
Guidice, Michael,
Haas, Ulrich, 265
Haas doctrine, 265
Haraway, Donna, 77
Hefazaat-e-Islamni movement, 45
Helms–Burton Act, US,
Henderson, Sákéj, , 75
Heng Wang, 115
Hoffmann, Stanley, 27
horizontal context, for legal entanglement,
human rights. See also women’s rights; specific conventions; specific covenants; specific treaties
African Charter on Human and People’s Rights,
European Convention for the Protection of Human Rights and Fundamental Freedoms,
European Court of Human Rights, 109
fatwa practices and,
Inter-American Court of Human Rights,
international investment law and, 185
investor–state dispute settlement mechanisms and,
Organisation for Economic Co-operation and Development guidelines and, 336
privacy rights,
right to be forgotten,
UN High Commissioner for Human Rights, 187
human rights law, 133
human–animal relationships, in Indigenous treaties, 69
Hungary, Belt and Road Initiative and,
Hussein, Saddam, 235
Iliafi v. The Church of Jesus Christ and the Latter-Day Saints Australia, 144
India
creation of, as nation-state,
after second partition of Indian subcontinent,
Indian Act 1876, 377
Indigenous legalities, in Canada
Aboriginal rights, 385
Canadian state and, relation with,
under Constitution Act 1982, 381
dual perspective approach to,
ecological citizenship and,
Ecological law and,
First Nations Land Management Act,
K’omoks First Nation land codes under,
private prosecutions under,
floating rules in, 75
Framework Agreement on First Land Management,
K’omoks First Nation land codes under,
private prosecutions under,
Great Peace of Montreal, 68
independence of First Nations,
logics of contract,
logics of kinship,
Mitchell v. M.N.R., 384
recognition of,
reconciliation of, 62
‘social contract’,
supremacy claims,
acceptance of, 385
Canadian law and, relations between,
supremacy of force,
supremacy of institutions,
supremacy of norms,
Supreme Court of Canada decisions,
Truth and Reconciliation Commission and, 383
Indigenous treaties, with colonial authorities, ,
Anishinaabe peoples and,
under Canadian Constitution Act (1982), ,
‘cession’ treaties, 66
human–animal relationships in, 69
implicate order,
kinship terms in,
logics of contract,
logics of kinship,
rooted constitutionalism and,
Treaty of Niagara, 66
Two-Row Wampum symbolism and, 73
institutional pluralism, global financial governance and, 299
Inter-American Convention on Human Rights,
Inter-American Court of Human Rights (IACHR),
inter-institutional view, of Indigenous legalities,
International Accounting Standards Board, 300
international banking standards,
International Covenant on Civil and Political Rights (ICCPR), ,
investor–state dispute settlement mechanisms and,
International Covenant on Economic, Social, and Cultural Rights,
monitoring committee of, 135
International Emergency Economic Powers Act, US, 250
international environmental law
Agreement on the International Dolphin Conservation Program,
Centre for International Environmental Law, 213
international trade law influenced by,
multilateral environmental agreements, 195
Rio Declaration and,
Shrimp-Turtle case, 204
sustainable development mechanisms, 203
International Federation of Accountants, 309
International Finance Corporation (IFC), 325
International Investment Agreements (IIAs),
international investment governance sites,
bilateral investment treaties and, 165
competing interests in,
for non-governmental organizations, 166
ideational contexts for,
international law. See also international trade law
Belt and Road Initiative under,
fragmentation of, 110
Greco-Roman,
peace treaties under, 357
legal entanglement in, 10
private
philosophical foundations for,
tertiary rules and,
Westphalian state governance and,
World Trade Organization dispute settlement mechanisms influenced by,
International Law Association (ILA), ,
International Law Commission (ILC), ,
International Organization for Standardization (ISO),
International Swaps and Derivatives Association, 304
international trade law. See also specific trade agreements
environmental law as influence on,
historical development of,
legal entanglement and, emerging forms of,
multilateral environmental agreements and, 195
regulatory regimes for,
theoretical approach to,
investment governance and law. See also international investment governance sites; investor–state dispute settlement mechanisms
in Ecuador,
investor–state dispute settlement mechanisms under, 185
investment tribunals,
investor–state dispute settlement (ISDS) mechanisms, 164
analysis of,
arbitrators in, 169
in Argentina,
bilateral investment treaties and, , 184
in Canada,
in China, 168
in Colombia, 179
under Comprehensive Economic Trade Agreement, 185
in Court of Justice of the European Union, 190
in EU, 168
fair and equitable treatment claims, 172
International Covenant on Civil and Political Rights and,
under international investment law, 185
investment tribunals,
legal entanglements and,
for human rights claims,
through investment adjudication reform,
through investment agreement reform,
for multilateral investment treaties,
multiplicity in,
distance issues,
hierarchies,
integrationist perspectives,
proximities,
relational forms,
separations,
networks for,
non-governmental organizations and,
North American Free Trade Agreement and,
Permanent Court of Arbitration, 171
Transatlantic Trade and Investment Partnership and,
under Trans-Pacific Partnership, 185
in United Kingdom,
in US, 168
Vienna Convention on the Law of Treaties and, ,
World Trade Organization and, 169
Iran
Comprehensive Iran Sanctions, Accountability, and Divestment Act and,
Iran Freedom and Counter-Proliferation Act and,
Joint Comprehensive Plan of Action against,
Nuclear Iran Prevention Act and,
UN Security Council Resolutions against, ,
Iran Freedom and Counter-Proliferation Act, US,
Iraq, ,
Ireland, UN human rights treaties monitoring bodies in,
Israel, UN human rights treaties monitoring bodies in,
Italy, Court of Arbitration for Sport in, 262
ius civile (law of Roman citizen-body), 360
ius commune, in Germany, 8
ius gentium (natural law), 360
ius honorarium (law of urban praetor), 360
ius praetorium (law of urban praetor), 360
Jamaat-e-Islami, in Bangladesh, , 54
Jewish law, transnational legal pluralism and, 467
Johnson, Harold,
Joint Comprehensive Plan of Action (JCPOA),
Jones v. Saudi Arabia, 145
judges, common law, 14
Kav Laoved v. Interior Ministry,
Kazemi (Estate) v. Iran,
Kelsen, Hans, 361,
Kennan, George, 114
kinship terms, in Indigenous treaties,
Kissinger, Henry, 43
Kohn, Eduardo, 76
K’omoks First Nation, land codes for,
Krisch, Nico, , 355, 362, , 399
on closed legal systems, 401
on interface norms, 435
on postnational law,
Kumm, Mattias, 186
Kuwait, 235
Late Antique period, for Roman law,
dispute settlement agreements in,
legal norms during,
P. Petra IV. 9 document,
strategic legal argumentation in,
Latour, Bruno, 403
law. See also legal norms; specific topics
coherence of, as expectation, 1
expanded definitions of, through legal norms,
mobilization of,
through transnational lawsuits, 406
origins of, 1
law in action approaches, to postnational law, 364
law in practice approaches, to postnational law, 364
legal entanglement. See also specific topics
ad hoc, with corporate social responsibility,
of Belt and Road Initiative,
ethnographic methodology in, 118
interdependence within,
under international law,
sociological methodology in, 118
under transnational finance law,
in British Empire,
definition of,
dynamics of,
actors’ role in,
horizontal context in,
pathways as factor in,
temporal elements, 20
vertical context in,
in international law, 10
through legal orders,
conflict as result of,
consolidation as result of,
future challenges for,
reception norms and, 29
in medieval Europe,
in modern states, ,
protesting of, from below
coherence in approaches to,
through importation of other legal norms,
through mobilization of law,
through settlement negotiations, 416
singularization of, ,
vernacularization and, 422
reverse translation of, , 422
in Roman Empire,
theoretical approach to,
in transnational law, 10
legal norms
Belt and Road Initiative and, separateness of norms and, ,
conflict-of-law, 5
data-driven management systems as substitute for, 87
for domestic law, 1
in Ecuador, importation of,
during Late Antique period,
for religious law, 1
for state law, 1
for transnational law, 1
legal orders, 1. See also tertiary rules
legal entanglements through,
conflict as result of,
consolidation as result of,
future challenges for,
reception norms and, 29
legal pluralism and,
post-law
pan-legalist objections,
theoretical approach to,
primary rules for,
rule of recognition and, 428
secondary rules for,
legal pluralism. See also transnational legal pluralism
Belt and Road Initiative and, 111
colonial entanglements and,
in Germany, 8
global,
legal entanglement and, in history of,
legal orders and,
Lévi-Strauss, Claude,
lex sportiva, ,
Ley de Fomento Productivo, Ecuador (2018),
Liberia,
Lindt, Angela, 416
logics of contract,
logics of kinship,
Luhmann, Niklas, 30
Luther, Martin,
machine learning,
Mallard, Grégoire, 229
Mar, Maksymilian del, 405
Marmor, Andrei, 438
Marrakesh Agreement, WTO and, 195
Marry, Sally Engle, 37
Mawani, Renisa,
medieval Europe, legal entanglement in,
Mészáros, Lőrinc,
Migdal, Joel, 43
Ministry of Commerce (MOFCOM), in China, 109
Mitchell v. M.N.R., 384
Modern Slavery Law, Australia, 103
Monture-Angus, Patricia, 382
Moore, Sally Falk, 450,
Morocco, tertiary rules in, ,
multilateral environmental agreements (MEAs), 195
multilateral investment treaties, investor–state dispute settlement mechanisms for,
multilateral sanctions, by UN Security Council,
Muslim Family Laws Ordinance (MFLO), Bangladesh, 45, ,
Mutu, Adrian,
Nadasdy, Paul, 69
National Contact Points (NCPs), for OECD,
ad hoc legal entanglement,
ambiguous cases for,
analysis of,
distancing through,
free, prior and informed consent,
in Germany, 339
implementation mechanisms for,
integrated normative systems,
long-term implications for,
in Netherlands,
in Norway, 338
proximity between,
in Switzerland,
in United Kingdom,
national reputation systems, in China,
Netherlands, National Contact Points in, for OECD guidelines,
new materialisms,
New Zealand, Treaty of Waitangi, 389,
9/11 terrorist attacks,
non-governmental actors, legal entanglement and,
in Bangladesh,
non-governmental organizations (NGOs)
corporate social responsibility for,
deferral of norms by, 36
denial of norms by, 36
international investment governance sites and, competing interests within, 166
investor–state dispute settlement mechanisms and,
translation of norms by, 36
non-state law, colonial entanglements under,
norms
for domestic law, 1
non-governmental organizations and, 36
overarching,
reception,
for religious law, 1
for state law, 1
for transnational law, 1
North American Free Trade Agreement (NAFTA),
Norway
Civil Procedure Act,
Criminal Procedure Act,
National Contact Points in, for OECD guidelines, 338
Nuclear Iran Prevention Act, US (2013),
Nuclear Proliferation Prevention Act, US (1994), 253
oil dumping cases, in Ecuador,
One Belt, One Road (OBOR) initiative,
Orbán, Viktor,
Organisation for Economic Co-operation and Development (OECD) guidelines, for corporate social responsibility, . See also National Contact Points
analysis of,
external bodies of norms,
historical development of,
human rights norms under, 336
implementation framework for,
long-term implications for,
revisions of,
overarching norms, 24,
Oxford Handbook on Global Legal Pluralism,
P. Petra IV. 9 document, Roman law and,
Pakistan
Awami League, 44
Belt and Road Initiative and,
creation of, as nation-state,
Muslims in,
after second partition of Indian subcontinent,
on sustainable development mechanisms, 203
panel of experts (PoE), for UN Security Council,
evaluation and monitoring of sanctions,
institutional support for,
political nature of,
UN Security Council Resolutions and, 251
Paris Agreement, corporate social responsibility under, 338
pathways, to legal entanglement,
coercion as,
ideational context,
rational choices in, 16
resonance in, 16
Peat, David,
Pechstein, Claudia,
Permanent Court of Arbitration (PCA), 171
Peru, Free Trade Agreement, with Canada,
Pistorius, Oscar,
Platini, Michel,
pluralism. See also legal pluralism; transnational legal pluralism
constitutional, 10
within corporate social responsibility, 348
institutional, 299
regulatory,
political capital, 230
population data
data-driven management systems for,
social credit initiatives for, in Western nations, 101
post-law legal orders. See also data-driven management systems
pan-legalist objections,
theoretical approach to,
postnational law,
governance structures, 363
jurisdictional aspect of, 363
law in action approaches, 364
law in practice approaches, 364
Transnational Legal Process model, 364
primary rules, for legal orders,
privacy rights,
private international law
philosophical foundations for,
tertiary rules and,
Westphalian state governance and,
private property laws, colonial entanglements and,
private Roman law, 367
private rule systems, transnational legal pluralism and,
processing and production methods (PPMs), 195
Rahman, Ziaur, 45
Randeria, Shalini, 408
rational choices, in pathways to legal entanglement, 16
Raw and the Cooked, The (Lévi-Strauss),
reception norms, , 29,
regime law, transnational legal pluralism and,
regulatory pluralism,
relabeling, in transnational legal pluralism, 459
religious law
in Bangladesh, colonial entanglements in,
Hefazaat-e-Islamni movement, 45
Muslim Family Laws Ordinance, 45, ,
norms for, 1
Rhaman, Mujibur (Sheikh), 44
Rhodesia, 235
right to be forgotten,
Riles, Annelise, 302
Rio Declaration,
Rodriguez, José Luis Alonso, 365
Roman law
citizenship under,
Greco-Roman international law,
peace treaties under, 357
historical development of,
imperial expansion as influence on,
ius civile, 360
ius gentium, 360
ius honorarium, 360
ius praetorium, 360
Late Antique period,
dispute settlement agreements in,
legal norms during,
P. Petra IV. 9 document,
strategic legal argumentation in,
layers of, 360
legal entanglements in,
legal positivism and, 365
private, 367
provincial system under,
Romano, Santi, 458
rooted constitutionalism, Indigenous treaties and,
Roughan, Nicole,
Ruggie, John,
rule of recognition, 428
‘The Ruse Law’, Sudan, 41
Sachenspiegel, 7
Salomon, Noah, 41
sanction regimes. See also UN Security Council
colonial legal entanglements and, 230
Western law and, historical development of,
Santos, Boaventura de Sousa, 30
secondary rules, for legal orders,
Semenya, Caster,
semi-autonomous social field (SASF), 457
Sharapova, Maria,
Sharia law and,
Shehabuddin, Elora,
Shrimp-Turtle case, , 219
appeals process for,
Convention on International Trade in Endangered Species and,
under environmental law, 204
legal aftermath of, 206
legal entanglements in,
Siddiqui, Dina,
Sieder, Rachel, 420
Sierra Leone,
singularization, ,
‘social contract’, Indigenous legalities and,
social credit initiatives
in China,
application mechanisms for,
baseline systems, 97
blacklists, 97
Chinese Communist Party influences on,
in commercial activities,
for culture projects,
for education projects,
goals and objectives of,
national reputation systems and,
as new type of law,
social ordering and, 93
Twelve Core Socialist Values and,
data-driven management systems and,
governance actor relationships influenced by, 88
Social Impact Assessments, 326
social ordering, in social credit initiatives, 93
sociological positivism, tertiary rules and, 427
soft financial law, 292
Sousa Santos, Boaventura de,
South Africa, counter-terrorist sanctions against, 235
Spain
Convention on the Elimination of All Forms of Discrimination against Women in,
UN human rights monitoring bodies in,
Usatges de Barcelona, 7
sports governing bodies (SGBs)
administrative practices of,
due process inside,
European Convention on Human Rights and, compatibility with,
under Swiss law,
World Anti-Doping Code and,
Stark, Heidi, 69
Staying with the Trouble (Haraway), 77
Strathern, Marilyn,
Sudan, ‘The Ruse Law’, 41
Supply Chain Due Diligence Law, France, 103
supremacy claims, for Indigenous legalities, in Canada,
acceptance of, 385
Canadian law and, relations between,
supremacy of force,
supremacy of institutions,
supremacy of norms,
Supreme Court of Canada,
sustainable constitutionalism,
sustainable development mechanisms, 203
under General Agreement on Tariffs and Trade, 221
World Trade Organization, 221
SWIFT, in counter-terrorist sanctions,
Switzerland
Court of Arbitration for Sport and, Swiss law as influence on,
exclusive applicability of,
FIFA cases,
Haas doctrine and, 265
sports governing bodies under,
Swiss Federal Tribunal,
jurisdictional initiatives in, 407
National Contact Points in, for OECD guidelines,
system-centred law approach, to Indigenous legalities, 398
systems theory, 30
Taylor, Lance, 301
tertiary norms, , 21
tertiary rules, for legal orders
application of foreign laws,
arguments for,
characteristics of,
designation of normative spaces,
horizontal nature,
legal nature,
relationality,
choice of law,
cross-border normativity and,
authority sharing strategies,
challenges from,
denial strategies,
internalization strategies,
in Syrian law, 430
definition of, 435
in English law, ,
external recognition, of national laws,
fact doctrines, 431
in German law,
hierarchy in, 439
legal positivism and,
in Moroccan law, ,
private international laws and,
recognition of,
recognition of foreign acts, records, and judicial proceedings,
sociological positivism and, 427
in US law,
vested rights theory and, 432
Teubner, Gunther,
Texaco,
This Is Not a Peace Pipe (Turner), 385
Thomas, Flavius, 370
Tietmeyer, Hans, 299
Todd, Zoe, 77
Trachtman, Joel, 435
Transatlantic Trade and Investment Partnership (TTIP),
transnational finance law, Belt and Road Initiative under,
transnational law
colonial entanglements under,
for finance, Belt and Road Initiative under,
legal entanglement in, 10
norms for, 1
transnational legal pluralism
in Australia, 466
bodies of law within, multiplicity of,
collective recognition and, 471
community law and,
conventional recognition and, 472
cross-polity law and,
foundations of,
global approaches to, 453
Jewish law and, 467
jurisprudential legal concepts and,
over-inclusiveness flaw in,
paradigms of,
postcolonial approaches to, 453
private rule systems and,
regime law and,
regulatory forms in,
regulatory pluralism and,
relabeling and, 459
as relational legal concept, flaws of,
separation of theory and practice under,
Sharia law and,
sociological approaches to, 453,
theoretical approach to,
Transnational Legal Process model, for postnational law, 364
Trans-Pacific Partnership (TPP),
investor–state dispute settlement mechanisms under, 185
transparency regimes, 100
Treaty of Niagara, 66
Treaty of Rome,
Treaty of Waitangi, New Zealand, 389,
Trindade, Cançado,
Tripartite Group of Banks working group,
Trump, Donald,
Truth and Reconciliation Commission, 383
Tuna Dolphin I case, , 219
Convention on International Trade in Endangered Species,
legal aftermath of, 201
legal entanglements in,
regional factors, 199
Tuna Dolphin II case, , 219
Turner, Dale, 385
Twelve Core Socialist Values, in China,
UN human rights treaties monitoring bodies. See also specific conventions; specific treaties
in domestic courts,
acceptance and engagement of,
case-specific pathways,
judicial engagement in, ,
judicial non-engagement in,
normative pathways for,
in Spain,
goals and objectives of, 133
International Court of Justice engagement with,
judicial engagement with, ,
acceptance of,
in Australia, 144,
in Canada,
in domestic courts, ,
in Israel,
normative pathways for,
as substantive,
in UK,
judicial non-engagement with,
in domestic courts,
in international courts,
in Ireland,
in Philippines, 139
jurisprudence of, domestic relevance of,
normative pathways for,
theoretical approach to, ,
Vienna Convention on the Law of Treaties,
UN Security Council (UNSC),
Democratic People’s Republic of Korea and, sanctions against, 233
UN Security Council Resolutions (UNSCRs), 233,
against Democratic People’s Republic of Korea, 240,
Financial Action Task Force and, 246
against Iran, ,
panel of experts and, 251
requirements of,
uncertainty principle, 60
United Kingdom
economic relations with China, 113
investor–state dispute settlement mechanisms in,
National Contact Points in, for OECD guidelines,
tertiary rules in, ,
UN human rights treaties monitoring bodies in,
United Nations (UN). See also UN human rights treaties monitoring bodies; UN Security Council
Commission on International Trade Law, 171,
Conference on Environment and Development, 194
Declaration on the Rights of Indigenous Peoples, 332
Framework Convention on Climate Change, 194
Guiding Principles,
High Commissioner for Human Rights, 187
United States (US). See also counter-terrorist sanctions regime
9/11 terrorist attacks against,
Comprehensive Iran Sanctions, Accountability, and Divestment Act,
Executive Order 12938, US, 253
Export-Import Bank Act,
Helms–Burton Act,
International Emergency Economic Powers Act, 250
investor–state dispute settlement mechanisms in, 168
Iran Freedom and Counter-Proliferation Act,
North American Free Trade Agreement,
Nuclear Iran Prevention Act,
Nuclear Proliferation Prevention Act, 253
tertiary rules in,
US-Ecuador Bilateral Investment Treaty,
War on Terror and,
Uruguay Round, GATT,
Usatges de Barcelona, 7
US–Ecuador Bilateral Investment Treaty,
user theory for jurisdiction,
US-Tuna II case,
Agreement on Technical Barriers to Trade and,
appeals process for,
legal aftermath of, 218
legal entanglements in,
Valverde, Alejandro,
vernacularization, 422
vertical context, for legal entanglement,
vested rights theory, 432
Victoria (Queen), 68
Vienna Convention on the Law of Treaties (VCLT),
investor–state dispute settlement mechanisms and, ,
Village Court Act, Bangladesh (2006),
Walker, Neil, 355,
Walters, Mark,
War on Terror,
Whyte, Kyle Powys, 77
Williams, Robert, Jr.,
Wojtczak, Marzena, 373
women’s rights, in Bangladesh,
World Anti-Doping Code (WADC),
World Health Assembly, 21
World Trade Organization (WTO)
Agreement on Technical Barriers to Trade,
Canada/US Continued Suspension dispute, 220
Codex Alimentarius Commission and,
dispute settlement mechanisms,
distancing strategies as part of,
international law as influence on,
for legal entanglements,
Dispute Settlement Understanding,
EC Hormones dispute, , 220
Agreement on Sanitary and Phytosanitary Measures and,
appeals process for,
legal aftermath of,
legal entanglements in,
EC-Biotech dispute, , 220
EU–Canada Comprehensive Economic and Trade Agreement and, 214
genetically–modified organisms in,
legal aftermath of,
legal entanglements in, 213
interface norms,
substantive dimensions for,
investor–state dispute settlement mechanisms and, 169
norm conflicts and,
in cases and disputes, over time,
processing and production methods and, 195
Shrimp-Turtle case, , 219
appeals process for,
Convention on International Trade in Endangered Species and,
under environmental law, 204
legal aftermath of, 206
legal entanglements in,
sustainable development issues under, 221
theoretical approach to,
World Wildlife Fund (WWF),
Open access