Transnational Fiduciary Law

Fiduciary law is important transnationally, particularly in the context of global capitalism. Fiduciary law’s characteristic regard for others offers a response to the pursuit of unconstrained self-interest in business and government relations, potentially implicating the exercise of both private and public power. Stakeholders have invoked it not only to address traditional private law matters, but also to enjoin transnational corporations to respect human rights, to combat public corruption, and to constrain national governments to respect the rights of Indigenous Peoples. This book focuses on the processes through which conceptualizations of fiduciary relationships and fiduciary norms may (or may not) settle transnationally – or become unsettled – as actors invoke fiduciary norms to address problems in different domains, including across borders. It identifies complications and challenges of any transnational convergence of fiduciary norms that fiduciary theorists often elide. This book is also available as Open Access on Cambridge Core.

Seth Davis is Professor of Law at the University of California, Berkeley School of Law. He is a leading expert on public fiduciary law.

Thilo Kuntz is Chair of Private Law, Commercial Law, and Corporate Law at Heinrich-Heine-University Düsseldorf, Germany. An expert on ESG, his research focuses on fiduciary law, corporate law, and legal theory.

Gregory Shaffer is Scott K. Ginsburg Professor of International Law at Georgetown University Law Center and President of the American Society of International Law. He is an expert on international and transnational law.