Transnational Law Flashcards
Transnational law is law that is…
differed from state law and public international law, promulgated by non-state actors
What does transnational regulate
governs transnational behaviour, behaviour with transnational implications or effects and is created by persons of legal training.
Examples of Transnational Law include:
international arbitration, human rights law, WTO trade law, excluding religious law
Principal activities
standard setting, dispute resolution, developmental aid, humanitarian aid, advocacy/activism, deliberation.
Where does transnational law get its authority from?
democratic authority, technocratic authority (created by experts), ideological authority, cultural authority
Twining’s 4 concerns about transnational law
A threat to liberal democracy
Diluting the discipline of law
Problem of definitional stop
Distinctiveness of centralised governance
Threat to liberal democracy
Problem: political ideals may be disregarded/lost sight of
Solution: conception of non-state law does not involve a commitment to the approval of non-state law. it does not mean that the nation state is in terminal decline.
Diluting the discipline of law
Problem: state law is the most important form of law and is closely connected to practice. academic law is intimately linked to preparation for practice
Solution: problem is overstated; non-state law is relevant to legal practice
Definitional Stop
Problem: no clear basis for differentiating legal norms from other social norms
Solution: it is conceded that it is a problem but cannot be resolved by conceptual analysis or formal definitions alone
Centralised governance
Problem: destabilizes the ‘comparative project’. it may cause a radically different mode of ordering and decision are represented together was “legal”, causing law to lose its analytic purchase
Solution: substituting the term will do the job (‘state law’ to ‘law’). broad conception of the field is plausible.
furthermore, the concepts may not be in opposition but may be of an overlap.
