Legal Professionals and Transnational Law-Making: A Case of Distributed Agency

Quack, Sigrid

doi:10.1177/1350508407080313

Cited by 110 publications

(96 citation statements)

References 68 publications

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“…Moreover, legal experts often mobilize their expertise to be actively engaged in policy enterprises, even transnationally. Previous studies have shown that the active engagement of legal experts has directly contributed to the global harmonization of contract law (Braithwaite and Drahos 2000), administrative law (Jordana and Levi-Faur 2005), competition law (Waarden and Drahos 2002), corporate law (Quack 2007), and litigation procedures (Kelemen and Sibbit 2004). The role of legal experts in the European integration process (Burley and Mattli 1993;Newman 2008) and in the Americanization of some Latin American countries has been especially well documented (Gardner 1980;Dezalay and Garth 2002;Mattei 2003).…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Paradigm Shift in the Global IP Regime: The Agency of Academics

Morin

2013

SSRN Journal

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The global intellectual property (IP) regime is in the midst of a paradigm shift in favor of greater access to protected work. Current explanations of this paradigm shift emphasize the agency of transnational advocacy networks, but ignore the role of academics. Scholars interested by global IP politics have failed to engage in reflexive thinking. Building on the results from a survey of 1,679 IP experts, this article argues that a community of academics successfully broke the policy monopoly of practitioners over IP expertise. They instilled some skepticism concerning the social and economic impacts of IP among their students as well as in the broader community of IP experts. They also provided expert knowledge that was widely amplified by NGOs and some intergovernmental organizations, acting as echo chambers to reach national decision makers. By making these claims, this article illustrates how epistemic communities actively collaborate with other transnational networks rather than competing with them, and how they can promote a paradigm change by generating rather than reducing uncertainty.

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Section: Theoretical Frameworkmentioning

confidence: 99%

Paradigm Shift in the Global IP Regime: The Agency of Academics

Morin

2013

SSRN Journal

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“…In line with the approach taken in North America and Western Europe, many firms have sought to enter markets not to work on domestic matters, but to establish their role in the local legs of global deals (Faulconbridge and Muzio, 2015;Quack, 2007). Of course, the distinction between domestic and global deals is not clear cut.…”

Section: Entering and Shaping Emerging Marketsmentioning

confidence: 99%

“…They are particularly important because of their central role in choreographing the global economy and setting the rules of the game for capitalist activities (Quack, 2007). In this chapter, we consider their work, both in terms of their activities and internal organization as 'global' firms and in terms of their impacts on economies and ultimately societies worldwide.…”

Section: Introductionmentioning

confidence: 99%

The work of global professional service firms

Boussebaa¹,

Faulconbridge²

2016

Perspectives on Contemporary Professional Work

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“…Recent work on the role of professional environments and experts in global governance has focused on areas such as accountancy governance (Botzem, 2008;, banking regulation (Lall, 2012;Young, 2012), financial reform (Baker, 2010;Seabrooke & Tsingou, 2014) and transnational lawmaking (Trubek et al 1994;Quack, 2007). This paper builds on these works but also complements them in important ways, empirically and theoretically.…”

Section: Introductionmentioning

confidence: 99%

Professional Competition in Global Tax Reform: Transparency in Global Wealth Chains

Christensen¹

2017

Preprint

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Abstract:In the wake of the Great Recession, international corporate taxation has risen to the top of the global political agenda. With states seeking to shore up national fiscal systems, the OECD/G20 Base Erosion and Profit Shifting (BEPS) project has emerged as the key response in this regard. Among 15 action points, Action 13 on corporate tax transparency has been particularly prominent. By shaping the feasibility of corporate tax strategies and the information resources available to national tax authorities, the Action 13 policy recommendations will fundamentally reconfigure the context of corporate tax behaviour and global wealth chains, i.e. strategies and structures for wealth creation and protection in the global economy. How did these new critical rules come about? Unfortunately, little is known about the micro-level process, dynamics and actors of the BEPS project. This paper provides an original case study of the changing international tax system and the regulatory context of global wealth chains, based on an investigation of the professionals engaged in global tax reform. Drawing on observations, interviews and sequence analysis of professional careers, it studies the dynamics of the professional policy environment and identifies distinct career and knowledge trends. The paper shows that professional competition for prestige and knowledge played a central role in the complex, transnational policy process. Operating within a technical policy environment, far removed from high-level politics, professionals seeking to make their mark on new standards for corporate tax transparency mobilised expertise and network capital, shaping what could be discussed, the criteria for accepted arguments, and who was listened to in the policy process, thus critically affecting the final policy outcomes.

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Legal Professionals and Transnational Law-Making: A Case of Distributed Agency

Abstract: Abstract. In institutional theory, it is a challenge to explain how rulesetting occurs in transnational contexts

Cited by 110 publications

References 68 publications

Paradigm Shift in the Global IP Regime: The Agency of Academics

Paradigm Shift in the Global IP Regime: The Agency of Academics

The work of global professional service firms

Professional Competition in Global Tax Reform: Transparency in Global Wealth Chains

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