Transnational law – a new system of law?

Sequência (UFSC), 2021

This paper aims to advance on the form of Transnational Law, starting from Aristotelian philosophical assumptions until its confluence with the mani-festations of Transnational Law. Thus, Aristotle’s support stems from the premise that, even in a space deeply marked by material aspects, the form stands out and functions as a vicar for another substance, being, therefore, an important finding for the theoretical development of Transnational Law and its normative sources. The present research is justified mainly for two reasons: the scientific and practical relevance that Transnational Law assumes contemporaneously, and, on the other hand, the existing gap regarding its form, whose consequences focus on denial or skeptical positions, as well as, in the confusion between analysis of social facts and Transnational Law, which impacts on the construction of standards on the sources of Transnational Law. For the development of this research, the inductive method was used, operationalized by the techniques of operational concept and bibliographic research

The Many Lives of Transnational Law: Critical Engagements with Jessup’s Bold Proposal. Edited by Peer Zumbansen, Cambridge University Press, 2020

his is an epilogue to a volume commemorating 60 years since Philip Jessup’s “definition” of Transnational Law. Unsurpassed for its citablity and quotability, Jessup's concept was nonetheless formed within a particular context of intellectual history. It has inspired three intellectual projects, called here Transnational Legal Process, Transnational Legal Theory and Transnational Legal Orders. This book is most clearly a mapping and an itinerary of the middle category, Transnational Legal Theory. The distance traveled between Jessup’s conception and the one presented here is most evident in a new definition offered in the Introduction by its editor which rather than acting as a prompt or a distillation, is an unpacking of the essential features of Transnational Law as an critical and intellectual project. Along with its rival itineraries, its moves toward interdisicplinarity, criticality, and legal pluralism move us not towards a consensus concept, but a transdisciplinary horizon.

2010

This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jrgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

Journal of Law and Society, 2009

The growth of`legal transnationalism' ± that is, the reach of law across nation-state borders and the impact of external political and legal pressures on nation-state law ± undermines the main foundations of sociology of law. Modern sociology of law has assumed aǹ instrumentalist' view of law as an agency of the modern directive state, but now it has to adjust to the state's increasingly complex regulatory conditions. The kind of convergence theory that underpins analysis of much legal transnationalism is inadequate for socio-legal theory, and old ideas of`law' and`society' as the foci of sociology of law are no longer appropriate. Socio-legal theory should treat law as a continuum of unstable, competing authority claims. Instead of taking society' as its reference point, it should conceptualize the contrasting types of regulatory needs of the networks of community (often not confined by nation-state boundaries) that legal transnationalism addresses.

Public Administration, 2020

The article is devoted to revealing the specifics of the implementation of such areas of constitutional law as the constitutionalization of international law and the internationalization of constitutional law by the example of additions to Article 79 of the Constitution of the Russian Federation, as well as the practices of the Italian Constitutional Court, the Federal Constitutional Court of Germany, etc. The author examined in sufficient detail the procedures for extending the effect of international law and international treaties of Russia to the national legal system, analyzed the concept of counter-limits in European and national judicial practice, presented the basic principles of interaction between European and national courts (the principle of subsidiarity, the principle of proportionality, the principle of ‘sincere cooperation’, method of ‘dialogue of judges’). There is a need for an updated understanding of the term ‘constitutional sovereignty of the state’, which is base...

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Estudios Socio-Jurídicos (Universidad del Rosario), 2021

This research aims to evaluate the contours of the authority of transnational law and its consequences in the globalization of law. At the time when the norm is a source for the constitution and legitimacy of power, power is a source for the production and application of the norm. To this end, this text presents the interfaces of the classic precepts of categories such as legitimacy, territory, power, and authority related to State normative production, in contrast to national and transnational demands. It was concluded that the authority that presents itself to transnational law influences national law from the outside so that the basis of the authority's support is not based on economic precepts but on institutional and normative responsiveness to the emerging demands and pretensions. For the development of this research, the inductive method was used, operationalized by the techniques of operational concepts and bibliographic research.

Beyond Territoriality

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons.

Comparative Law Review, vol. 4, n. 2, 1-20, 2013