Transnational fiduciary law / edited by Seth Davis, Thilo Kuntz, Gregory Shaffe.

Cambridge : Cambridge University Press, 2024.

1st edition

201785

Trusts and trustees.

Conflict of laws -- Trusts and trustees.

1. Theorizing transnational fiduciary law: a processual framework

Part I: The transnational formation and institutionalization of fiduciary law

2. Transnational fiduciary law: spaces and elements

3. A narrow view of transnational fiduciary law

4. Transnational fiduciary law in financial intermediation: are we there yet? a case study in the emergence of transnational legal ordering

5. Transnational fiduciary law in bond markets: a case study

6. The Public Trust as transnational law

Part II: The recursive development and dynamic consequences of transnational fiduciary law

7. Transnational legal ordering of modern trust law

8. Japanese, East Asian, and transnational fiduciary orders

9. Transnational migration of laws and norms in corporate governance: fiduciary duties and corporate codes

10. Empire and the political economy of fiduciary law

Part III: The frontiers of transnational fiduciary law

11. Transnational law’s legality

12. The fiduciary role of access platforms.

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. - Publisher's website.

Open Access on Cambridge Core.

9781009310321

1 online resource (vii, 311 pages) : PDF