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  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
Publisher:
Cambridge University Press
Online publication date:
November 2023
Print publication year:
2024
Online ISBN:
9781009310321
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Book description

Fiduciary law is important transnationally, particularly in the context of global capitalism. Fiduciary law's characteristic regard for others offers a response to the pursuit of unconstrained self-interest in business and government relations, potentially implicating the exercise of both private and public power. Stakeholders have invoked it not only to address traditional private law matters, but also to enjoin transnational corporations to respect human rights, to combat public corruption, and to constrain national governments to respect the rights of Indigenous Peoples. This book focuses on the processes through which conceptualizations of fiduciary relationships and fiduciary norms may (or may not) settle transnationally - or become unsettled - as actors invoke fiduciary norms to address problems in different domains, including across borders. It identifies complications and challenges of any transnational convergence of fiduciary norms that fiduciary theorists often elide. This book is also available as Open Access on Cambridge Core.

Reviews

‘Fiduciary law has both a long history and an increasingly timely presence in both private and public law. This fascinating collection of essays brings the robust contemporary academic scholarship of the field to its next level both thematically (by shifting to the transnational dimensions of fiduciary law) and methodologically (by focusing on the processes of norm construction, conveyance, contestation, and resistance). It is thus a must read for students of both fiduciary law and transnational legal theory; and it is the foundational text for students of transnational fiduciary law.’

Hanoch Dagan - Professor Law, UC Berkeley School of Law

‘Fiduciary law and theory have attracted unprecedented scholarly interest over the past decade, as we’ve witnessed the emergence of original analyses of principles spanning private, public and international law, as well as civil and common law traditions. But in an increasingly crowded space, there has been a notable blind spot: examination of the transnational development and reach of fiduciary principles. Transnational Fiduciary Law provides a perfect antidote. Edited by leaders in the field and featuring exciting work by eminent scholars from several jurisdictions, Transnational Fiduciary Law is destined to become a landmark in the field.’

Paul B. Miller - Robert and Marion Short Professor of Law, Notre Dame Law School

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Contents

Full book PDF
  • Transnational Fiduciary Law
    pp i-ii
  • Transnational Fiduciary Law - Title page
    pp iii-iii
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vi
  • Contributors
    pp vii-viii
  • 1 - Theorizing Transnational Fiduciary Law
    pp 1-34
  • A Processual Framework
  • Part I - The Transnational Formation and Institutionalization of Fiduciary Law
    pp 35-166
  • 2 - Transnational Fiduciary Law
    pp 37-73
  • Spaces and Elements
  • 3 - A Narrow View of Transnational Fiduciary Law
    pp 74-97
  • 5 - Transnational Fiduciary Law in Bond Markets
    pp 125-145
  • A Case Study
  • 6 - The Public Trust as Transnational Law
    pp 146-166
  • Part II - The Recursive Development and Dynamic Consequences of Transnational Fiduciary Law
    pp 167-260
  • 7 - Transnational Legal Ordering of Modern Trust Law
    pp 169-187
  • 8 - Japanese, East Asian, and Transnational Fiduciary Orders
    pp 188-215
  • 10 - Empire and the Political Economy of Fiduciary Law
    pp 237-260
  • Part III - The Frontiers of Transnational Fiduciary Law
    pp 261-298
  • 11 - Transnational Law’s Legality
    pp 263-277
  • 12 - The Fiduciary Role of Access Platforms
    pp 278-298
  • Index
    pp 299-312

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