INTRODUCTION
Transnational legal orders (TLOs) proliferate. They offer solutions to economic, social, and political problems, ranging from business and financial regulation to climate change, from human rights to constitu- tion making. They come in many forms, rising and falling at different rates, and cooperating or conflicting as they come into contact with each other (Halliday and Shaffer 2015a; Shaffer, Ginsburg, and Halliday, in press).
This chapter enquires into the case of one of the most comprehen- sive, far-reaching, most deeply penetrating, and most punitive of TLOs.It is so punitive that we suggest there is value in considering whether it points to a species of TLO that differs in kind from those hitherto identified in the literature on financial regulation, business, environ- mental, human rights, and constitution making.