TY - JOUR
T1 - Contracts
T2 - Reterritorialising the (global) exercise of authority
AU - Lythgoe, Gail
PY - 2025/4/18
Y1 - 2025/4/18
N2 - The modern practices of authority by states and non-state actors alike are at odds with international law’s orthodox time-spaces causing disciplinary anxiety. As a result, although there is a sense of the importance of global value chains (GVCs), these are invisible to the disciplinary gaze. This is not limited to international law; neo-formalist contract law and private international law suffer the same fate. There is for some a turn to ‘the global’ to understand alterity. In this paper, I argue that understanding the time-spaces created by the practice of contracting can offer important reflection on, amongst other things, what ‘the global’ is. The paper explores the practice of exercising authority through contractual relations at the level of the individual contract, the chain as a whole, and the use of standardised contractual clauses and model contracts. The article suggests these contractual relations are constitutive not only of spatiality but of territoriality. As such, it is possible to reterritorialize global phenomena, and ‘the global’, that have until now been understood to have deterritorialized from state or international legal orders.
AB - The modern practices of authority by states and non-state actors alike are at odds with international law’s orthodox time-spaces causing disciplinary anxiety. As a result, although there is a sense of the importance of global value chains (GVCs), these are invisible to the disciplinary gaze. This is not limited to international law; neo-formalist contract law and private international law suffer the same fate. There is for some a turn to ‘the global’ to understand alterity. In this paper, I argue that understanding the time-spaces created by the practice of contracting can offer important reflection on, amongst other things, what ‘the global’ is. The paper explores the practice of exercising authority through contractual relations at the level of the individual contract, the chain as a whole, and the use of standardised contractual clauses and model contracts. The article suggests these contractual relations are constitutive not only of spatiality but of territoriality. As such, it is possible to reterritorialize global phenomena, and ‘the global’, that have until now been understood to have deterritorialized from state or international legal orders.
UR - https://www.cambridge.org/core/journals/international-journal-of-law-in-context
M3 - Article
SN - 1744-5523
JO - International Journal of Law in Context
JF - International Journal of Law in Context
ER -