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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p175687_index.html Direct Link: HTML Code:

Zumbansen, Peer. "Rough Consensus and Running Code: A Theory of Transnational Law Making" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2010-01-24 <http://www.allacademic.com/meta/p175687_index.html>

Zumbansen, P. C. , 2007-07-25 "Rough Consensus and Running Code: A Theory of Transnational Law Making" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2010-01-24 from http://www.allacademic.com/meta/p175687_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: Co-authored with Professor Gralf Calliess Using examples of rule making in the area of corporate governance and consumer protection in cross-border sales contracts, the authors examine the viability of the concept of “rough consensus and running code” [RCRC] for a theoretical framework of transnational law making. Originally developed in the context of Internet governance, RCRC speaks to the fluid state of norm generation in fragmented public spaces in the absence of central, regulatory agencies. Overcoming well-known accountability and legitimacy problems through a continuous testing and refining of proposals towards practical, usable standards, that are measured by responsive models of compliance, RCRC can be used in those areas of law, which have been seeing intensive rule making activities by transnational actors, both public and private, and where for the most part traditional enforcement mechanisms are unavailable. With the concept of RCRC as a test case for the evolution of norms in the post-national regulatory arena, the authors inquire into the viability of the already older concept of “transnational law”. The authors understand transnational law not only as a body of legal norms, but argue for its use as a methodological approach to illustrate common and shared challenges and responses to legal regulatory systems worldwide. In the case of corporate governance and consumer protection contracts, transnational law captures the specific regulatory mix of formal, hard, public regulation, on the one hand and of informal, soft, private regulation, on the other, that characterizes the contemporary evolution of norms governing these issue areas.

The Theory and Practice of Ethnic Politics: How What We Know about Ethnic Identity Can Make Democratic Theory Better

A Neo-Realist Analysis of the Making of the Constitution: Historical Reinterpretation, Implications for International Relations Theory, and the Utility of Theory-Application Exercises

The institutional dynamics of consensus and conflict. The impact of consensus democracy and corporatism on socio-economic policy-making and performance.

Critical Theory, Transnational Law, and the Global Political Economy: The Commodity Form Theory of Law