الأسلحة القانونية للأثرياء.. نقل الصراع بين النخب إلى الخارج في الأسواق الناشئة

In _Legal Weapons of the Wealthy(https://www.cornellpress.cornell.edu/book/9781501788185/legal-weapons-of-the-wealthy/#bookTabs=4)”_ , Nikhil Kalyanpur addresses a prominent feature of today’s global legal system: elites’ use of foreign courts to settle domestic disputes. ## Outsourcing On the surface, elites resort to states Those with fragile judicial systems resort to “outsourcing” dispute resolution in search of fair treatment not available in their countries. However, the mechanisms for resolving extraterritorial disputes differ between these countries. Rich Russians, for example, frequently resort to litigation abroad, while their Chinese and South African counterparts rarely do so. Kalyanpur argues that resorting to extraterritorial litigation depends on the balance of power between the state and its wealthy elite. In contexts of state control or state domination, the costs of transparency associated with transnational law dissuade the wealthy from seeking solutions abroad. But when the power of the state and the wealthy elite is relatively equal, conflicting interests may lead to political clashes, as each side seeks to assert its influence. ## The Losers As for the “losers” in these clashes, who are excluded from their institutions, they have nothing to lose from these costs of transparency, so they turn to solutions abroad. Since these elites often flee much of their wealth abroad, the “winners” respond by harnessing transnational legal institutions to seize the assets of their rivals abroad and ensure that defeated rivals remain defeated. Through cases from Russia and elsewhere, Kalyanpour reveals the links between external financing, cross-border litigation, and internal conflicts among elites. It reveals how liberal courts become arenas for emerging power struggles in markets, transforming conflicts that began at home into globalization. As billionaires continue to amass unprecedented influence in democracies and autocracies alike, Legal Weapons of the Rich shows how the architects of the liberal economic order defeated themselves by enabling plutocracy.