As globalization continues to spread and evolve, so nation-states attempt to govern financialization, tax evasion, corruption, terrorism, civil and military conflicts and environmental dangers, social polarization and the complexities in human rights implementation, by institutional and transnational means. This volume discusses these issues from different legal perspectives and highlights the challenges of governing human activity in an age of remarkable interconnectedness. Covering a broad range of policy areas and analysis of emerging forms of governance from liberal to critical and Marxist, the chapters are legal in their approach and form an important contribution to the growing study of emergent forms of authority, coordination and power developing in response to the challenges presented by some of the key contemporary governance issues in the first half of the twenty-first century.

The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index

This book examines the interface between transnational private governance and domestic politics in South America. It explores the social and political factors that condition how ‘global’ private norms, discourses, and initiatives dealing with sustainability and CSR regulation are engaged with, hybridized, and challenged by local actors in Argentina and Brazil. Inverting the conventional approach to global governance studies, it unpacks the complex forms in which domestic political-cultural elements embed global norms and discourses with meaning and mobilizing power, conditioning their appeal to potential participants and supporters. In doing so, the author illuminates the ‘receiving side’ of private regulation and governance, developing a nuanced understanding of transnational norm diffusion wherein political and ideational factors in the global South are granted primacy over global structures, processes, and agents.

The Organisation for Economic Co-operation and Development is a much cited but little studied institution, and its role in international governance is poorly understood. Nevertheless, the OECD plays an important role in the emerging structure of global governance. Focusing upon the OECD's core functions, contributors to this volume trace the OECD's history, structure, and role in international governance as well as its function as a "policy ideas generator" and purveyor of "best practices" in a variety of economic and social policy domains.

This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.

This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? "This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism." Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)

This book represents a set of critical analyses of educational reforms where issues of transnational governance are of vital concern. It focuses on different aspects of, and practices in educational reform-making, and in particular on governing techniques and the working of new agencies such as supranational and multinational organizations. In addition, the book examines contemporary issues of immigration/immigrants in the politics of schooling, by reflecting on matters of migration, and problematizing how concepts such as exclusion and abjection make the migrants appear “failed”, “insufficient” and even “dangerous”. The book provides theoretical insights into critical relations between knowledge and power, governance and governmentality, and notions concerning educational systems, as well as how these are compared. The central themes of the book are models for organizing and reflecting on transnationalization and educational reforms. In its discussion of those themes, the focus lies on changing conceptions of education and the educational system; on how school or teacher education is adapting to discourses of effectiveness and efficiency; and on their transformation according to standardized templates. Such changing conceptions define the meanings of education and educational progress; they are important for the identification and analysis of educational knowledge, and for critical discourses on education in society.

Leading experts provide the first comprehensive account of transnational efforts to respond to climate change, for researchers, graduate students and policy makers.

The thoroughly revised and updated Handbook on Theories of Governance brings together leading scholars in the field to summarise and assess the diversity of governance theories. The Handbook advances a deeper theoretical understanding of governance processes, illuminating the interdisciplinary foundations of the field.