Private Legal Transplant: Multinational Enterprises as Proxies of Legal Homogenisation

The Postmodern Legal Ordering of the Economy

“…Transnational economic actors may export legal frameworks that define the law on the ground for reasons other than the protection of the communities affected by corporate activity (e.g., for reasons that relate to legal predictability, cost reductions related to uniformity, and isolation of economic activities from the contingent exercise of national public authority). 150 Yet in this exercise of transnational norm creation, Teubner sees the potential for corporate codes to develop into a type of "civil constitution," 151 addressing the limited reach of domestic law for cases of extraterritorial human rights violations or the possible gaps and weak protection of national regulations in host countries. 152 There are two ways in which such forms of private ordering can indeed adopt characteristics of hard law.…”

Jurisgenerative role of auditors in transnational labor governance

“…Studies on legal transplants have routinely emphasized how the national legal and social environments will inevitably modulate foreign legal concepts, rules, or procedures as they are transplanted into a host country (Nelken & Feest ). More recently, studies have examined how transnational private regulation facilitates transplants among legal systems, and how studying transnational private regulation through this lens could lend greater emphasis to contextual elements (power, culture, and values, among others), which may affect the implementation of transnational norms in a given locale (Lin ; Ferrando ; Short ).…”

Looking for Law in Unusual Places: Cross-Border Diffusion of Environmental Norms

“…114 Ferrando writes of the legal homogenizing impact of corporate-created spaces, the physical and contractual occupation of space in national legal orders. 115 His analysis of the micro-mechanisms of legal reproduction, including codes of conduct as transported through supply chains, points to inadequacies in the way in which legal transplant theories have traditionally been imagined. The present study of contracting practices aims to extend this observation by demonstrating that transnational corporations are not the only actors to contractually occupy domestic legal space with transnational forms of legality applied through contract.…”