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Free BurmaTransnational Legal Action and Corporate Accountability$
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John G. Dale

Print publication date: 2011

Print ISBN-13: 9780816646463

Published to Minnesota Scholarship Online: August 2015

DOI: 10.5749/minnesota/9780816646463.001.0001

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Free Burma Laws: Legislating Transnational Sanctions

Free Burma Laws: Legislating Transnational Sanctions

Chapter:
(p.101) 3 Free Burma Laws: Legislating Transnational Sanctions
Source:
Free Burma
Author(s):

John G. Dale

Publisher:
University of Minnesota Press
DOI:10.5749/minnesota/9780816646463.003.0004

This chapter demonstrates how transnational legal space mediates the process through which global markets become embedded in politics. Neoliberal economic ideology asserts that markets function most efficiently and productively when states do not interfere in the natural process of their operation, yet the state’s legislative intervention in fact plays a crucial role in constructing markets. There was an obvious political struggle over the legislative functions of the state in regulating the way that corporations could legally both influence the formation of, and participate in, the market that was emerging in Burma. The chapter also examines the discursive argument regarding the constitutionality of the Massachusetts Burma Law, emphasizing how the lawyers of the Commonwealth established a series of transnationalist discourses that opened up a transnational legal space.

Keywords:   transnational legal space, neoliberal economics, global markets, Massachusetts Burma Law

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