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Land and territory in global production : a critical legal chain analysis

Abstract : Historically, land has been central to the construction of states, along with social distinctions and attributions of power that characterize each community. With different modalities and in different contexts, occupations, treaties and enclosures have shaped the political and legal structure of nations, including who owned the right to exclude and the territorial limits of authority. However, the interrelation between land, territory and global production has received little attention from legal scholars who are interested in the generation and distribution of value in contemporary supply chain capitalism.For the reasons mentioned above, I wrote this dissertation with the objective of exposing the role that law has in determining how land and territory are integrated in transnational capitalism, particularly when it comes to transforming them into sources of value that can be appropriated. According to the 'critical legal chain approach' that I explain in my work, law is not only a connector that allows intra-chain coordination between different hubs of the network but also a central element in the construction, reproduction and existence of each node of the chain and of the whole system of production. As a consequence, law deals with the allocation of bargaining power among the different actors at the micro-level (state, capital, labor) and is involved in the distribution of value and resources at the macro-level (throughout the chain). In Chapter I, the European Renewable Energy Directive, Bilateral Investment Treaties and investment agreements are presented as legal structures that are only superficially operating at different legal levels and in different geographies.Chapter II focuses on the role that 'foreign' courts have in defining the form and mechanisms of production elsewhere in the world. Adopting a combination of Private International Law and Global Value Chains analysis, the Chapter engages with the Alien Tort Statute (ATS) as a privileged jurisdictional space for transnational tort adjudication.Chapter III harnesses the complexity of global chains of production to think about alternative forms of redistributive legal intervention. In particular, the case of the 'blood sugar' chain originating in Cambodia is utilized as laboratory for a theoretical reflection that starts from the recognition that changes in the form and geographies of production can be obtained through the redefinition of legal structures not immediately related with the issue under investigation.
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Tomaso Ferrando. Land and territory in global production : a critical legal chain analysis. Law. Institut d'études politiques de Paris - Sciences Po, 2015. English. ⟨NNT : 2015IEPP0028⟩. ⟨tel-03647374⟩

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