Is economic globalization irresistible? Its agenda of insulating markets from
politics, associated with the rise of neoliberal politics, has taken root in almost
every part of the world. It is not that states simply have disintegrated under
the excessive weight of market ideology. States continue to perform critical
functions in maintaining public infrastructures, facilitating economic flows,
and policing dangers of various sorts. Rather, the principal aim of economic
globalization appears to have been to establish mechanisms of security for
property, financiers and investors, shielding them from consequences issuing
out of democratic processes deemed out-of-sync with the imagined or
expressed interests of powerful economic interests. Democratic processes
yielding results inconsistent with those interests are labelled extreme or
declared out of bounds. Democratic processes, moreover, must get out of the
way where markets fail and business firms require backstopping by states, as
happened in the wake of the 2008 global financial crisis.
Legal forms, operating both inside and outside of territorial states, are important
markers in establishing and enforcing these thresholds of tolerable behaviour.
For these reasons, transnational legality1 – the ensemble of rules and
institutions ordinarily associated with economic globalization – pre-eminently
has been a political project.