Landscapes of Law: Practicing Sovereignty in Transnational Terrain

International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture, revealing how claims of national culture emerge in the pursuit of transnationalism and become embedded within international law. The book demonstrates how nationalism operates in the contested zone between borderless capital and bordered states, and how overlapping communities use law to define borders and shape relationships among actors. It traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces.

Format: Paperback / softback
Length: 352 pages
Publication date: 06 August 2024
Publisher: University of Pennsylvania Press

International scholars have conducted ethnographic analyses of the complex relationships between transnationalism, law, and culture. The recent resurgence of right-wing populism in Europe and the United States is often seen as a manifestation of ongoing challenges to the principles and institutions of globalization. However, as editors Carol J. Greenhouse and Christina L. Davis point out in their introduction to "Landscapes of Law," the appeal to national culture is not limited to the ethno-nationalisms of developing countries outside of industrial democracies or to insurgent groups within them. The essays collected in this volume reveal how claims of national culture arise in the pursuit of transnationalism and, under certain circumstances, become embedded within international law. The notion that there is a fundamental conflict between nationalism and globalism is misleading. Whether explicitly asserted as state sovereignty or implicitly as a cultural community, claims of national culture play a crucial role in shaping how governments assert their interests and values when engaging with transnational law. "Landscapes of Law" demonstrates how nationalism operates within the complex terrain of borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims can be incorporated into policy prescriptions and legal arrangements or serve as ad hoc bargaining chips. Together, they demonstrate that expressions of national culture outside of state boundaries reinforce claims of sovereignty. The contributors offer innovative frameworks for analyzing the interplay between national identity, transnationalism, and international law. They argue that national identity is not a static entity but rather a dynamic and evolving construct that is shaped by a range of factors, including historical experiences, cultural traditions, and political ideologies. Moreover, they contend that national identity plays a critical role in shaping the way in which governments interact with other countries and engage in international law-making processes. The contributors highlight the importance of recognizing the diversity of national identities and the need to accommodate them in international law-making processes. They argue that international law should be designed to promote the values of inclusivity, diversity, and respect for human rights, and that it should be flexible enough to accommodate the unique circumstances of different countries. The book also explores the ways in which national identity can be used as a tool for political mobilization and resistance. The contributors argue that national identity can be used to mobilize support for particular policies or ideologies and to resist attempts to undermine national sovereignty. However, they also caution that the use of national identity can be dangerous if it is used to justify discrimination or violence against other groups. The book concludes by offering some recommendations for how to address the challenges posed by the resurgence of right-wing populism. The contributors suggest that governments should prioritize the promotion of inclusivity, diversity, and respect for human rights in international law-making processes. They also suggest that international law should be more responsive to the needs of developing countries and that it should be designed to promote economic development and social justice. In conclusion, "Landscapes of Law" is a valuable contribution to the study of transnationalism, law, and culture. The book's international contributors offer innovative frameworks for analyzing the interplay between national identity, transnationalism, and international law and highlight the importance of recognizing the diversity of national identities and the need to accommodate them in international law-making processes. The book also explores the ways in which national identity can be used as a tool for political mobilization and resistance and offers some recommendations for how to address the challenges posed by the resurgence of right-wing populism.

Weight: 500g
Dimension: 151 x 229 x 25 (mm)
ISBN-13: 9781512826838