Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation.
Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.
Gralf-Peter Calliess (LLB, PhD Göttingen, Habilitation Frankfurt) holds the Chair in Private Law, Comparative and International Economic Law, University of Bremen Faculty of Law. Professor Calliess is Director of the A4 Project ('New Forms of Legal Certainty in Globalized Exchange Processes') at the Collaborative Research Centre 'Transformations of the State'.
Peer Zumbansen is Professor of Law and Canada Research Chair at Osgoode Hall Law School, Toronto.
Craig Scott is Professor of Law, Osgoode Hall Law School of York University, Toronto. He was the founding Director of the Nathanson Centre on Transnational Human Rights, Crime and Security and founding editor of the journal Transnational Legal Theory. He is the editor of the Hart/Bloomsbury book Torture as Tort: Comparative Perspectives on Transnational Human Rights Litigation (2011) and Series Editor of the Hart Monographs in Transnational and International Law. In 2012-2015, he served as Member of Parliament for Toronto-Danforth in Canada's House of Commons.
