Book chapter
Transnational Legal Process Theories
The Oxford Handbook of International Adjudication, edited by Cesare P.R. Romano, Karen J. Alter, and Yuval Shany, pp.339-356
Oxford University Press
02/03/2014
DOI: 10.1093/law/9780199660681.003.0016
Abstract
THIS chapter is devoted to transnational legal process theories. In 1955, Philip Jessup, in his Storrs Lectures at Yale, famously coined the term “transnational law” as he searched for a concept that would capture the legal regulation of actions or events that transcend national boundaries and that can accommodate both public and private international law. Further, while the traditional concept of “international law” referred to the law regulating relationships between states, the new term encompassed legal relationships of and amongst individuals, corporations, and organizations as well as states.1
In other words, as early as the 1950s, and thereafter with increased urgency, scholars have been pointing out that the concept of the inter-national, including international law, no longer suffices to explain the reality they were observing: a reality of increasing interrelatedness of various types of social actors interacting in the international sphere. “International law” no longer contained the multitude of legal relations and of legal disputes, including disputes that were in fact being resolved, such as cross-border business disputes between individuals and/or corporations that were being resolved in international commercial arbitration. Different scholars have, over time, given somewhat different names to the new reality. For example, they have used “transnational” or “cross-border” to connote the traversing of national boundaries; “supranational” to emphasize new regional arrangements such as the European Union; “global” to invoke the processes, predominantly economic and technological, collectively known as “globalization.” Irrespective of the specific terminology selected, scholars and practitioners have been experiencing and explaining the breakdown of old dichotomies and categories—the paradigm shift in international affairs that characterized the twentieth century.
Details
- Title: Subtitle
- Transnational Legal Process Theories
- Creators
- Maya Steinitz - University of Iowa
- Resource Type
- Book chapter
- Publication Details
- The Oxford Handbook of International Adjudication, edited by Cesare P.R. Romano, Karen J. Alter, and Yuval Shany, pp.339-356
- DOI
- 10.1093/law/9780199660681.003.0016
- Publisher
- Oxford University Press; New York
- Number of pages
- 18
- Language
- English
- Date published
- 02/03/2014
- Academic Unit
- Law Faculty
- Record Identifier
- 9983557206602771
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