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 constitution 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 comprehensive, 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, environmental, human rights and constitution making.