By Wouter de Been, Payal Arora, Mireille Hildebrandt (eds.)
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Where they differ is in the mobility vector and all this entails. In the case of ﬁnance, its hyper-mobility generates scale-ups that are unlike those of any other sector; elsewhere I have argued that this both explains the difﬁculty of regulating ﬁnance and, at the same time, marks the absolute difference of this sector. In the case of activist networks, it is the possibility of escaping the conﬁnements of immobility even if physically immobile or immobilized – by poverty, by government repression, by an acute sense of duty to one’s community, by lack of interest in traveling to other countries precisely because of the overwhelming need to focus on one’s locality.
1. Towards global ‘law’ systems Over the last two decades and more we have seen a multiplication of cross-border systems of rules that evince variable autonomy from national law. At one end are systems clearly centered in what is emerging as a transnational public domain, and at the other, systems that are completely autonomous and largely private. Some scholars see in this development an emergent global law, though mostly one still centered in particular aspects of national law (for very diverse perspectives see for example Shapiro 1993; Charny 1991; Teubner 2004; 2012; Dezalay and Garth 1995; Trachtman 1993; Drake and Williams 2006; Gill and Cutler 2015).
Because of the nature of large construction and engineering projects, this case also illuminates the ways in which having an autonomous system of rules and having the type of power that large global ﬁrms have does not mean that these ﬁrms can escape all outside constraints. Thus, these ﬁrms increasingly ‘need’ to address environmental protection. The way this issue gets handled in the lex constructionis is also emblematic of what other such autonomously governed sectors do: largely a strategy of deference that aims at externalizing the responsibility for regulating the environmental issues arising out of large-scale construction projects.
Crossroads in New Media, Identity and Law: The Shape of Diversity to Come by Wouter de Been, Payal Arora, Mireille Hildebrandt (eds.)