Book Review: Transnational Legality: Stateless Law and International Arbitration
| Author | Paul Robert Gilbert |
| Published date | 01 October 2016 |
| Date | 01 October 2016 |
| DOI | http://doi.org/10.1177/0964663916660920a |
| Subject Matter | Book Reviews |
633
Notes
1. http://www.freepress.net.
2. http://monthlyreview.org.
3. http://will.illinois.edu/mediamatters.
References
Alessandrini A (2009) The humanism effect: fanon, foucault, and ethics without subjects. Foucault
Studies 7: 64–80.
Butler J (2004) What is critique?: an essay on Foucault’s virtue. In: Salih S and Butler J (eds) The
Judith Butler Reader. Oxford: Blackwell, pp. 301–322.
Butler J (2004) Undoing Gender. New York: Routledge.
Christodoulidis E (2009) Strategies of rupture. Law & Critique 20(1): 3–26.
Derrida J (2001) A discussion with Jacques Derrida. Theory & Event 5(1): 1–49.
Fraser N (1989) Unruly Practices: Power, Discourse, and Gender in Contemporary Social Theory.
Minneapolis: University of Minnesota Press.
Habermas J (1997) The Philosophical Discourse of Modernity: Twelve Lectures, F Lawrence
(Trans.). Cambridge: Polity, pp. 266–293.
Moyn S (2010) The Last Utopia: Human Rights in History. Cambridge: Belknap Press.
Paras E (2006) Foucault 2.0: Beyond Power and Knowledge. New York: Other Press.
Rancie`re J (2004) Who is the subject of the rights of man? South Atlantic Quarterly 103(2/3):
297–310.
Verge`s J (1968) De la Strate´gie Judicaire. Paris: E
´ ditions de Minuit.
THOMAS SCHULTZ, Transnational Legality: Stateless Law and International Arbitration. Oxford:
Oxford University Press, 2014, pp. 205, ISBN 9780199641956, £63.00 (hbk).
Are international arbitrators justified in referring to their work as a matter of creating
private law? Is it prudent for legal scholars in search of new objects of study to name
arbitration as a transnational legal – rather than normative – regime? What is at stake
when we call something law, and how can we do so with confidence? In Transnational
Legality, Thomas Schultz takes issue with the view, articulated by the ‘French school’ of
arbitration, that international arbitration constitutes its own transnational, stateless legal
order. The majority of the text is, however, not concerned so much with arbitration as
with the question of how to grasp law as a distinctive field of study.
Schultz starts with the observation that ‘we have to be careful about what we call law,
because calling something law accords it a certain legitimacy which demands respect’ (p.
23). In other words, ‘pronouncements of legality can be used to take advantage of the
signals they send’ – namely, that a thing called law is ‘good and valuable and must be
respected’ (p. 36). Hence, ‘our analytic stance on the concept of law should be adapted to
the...
To continue reading
Request your trial