Insightful and comprehensive overview of the lines of work on transnational law in various areas of law, even interdisciplinary. Traditionally, theories of international law have been based on the consent of sovereign States; The assumption that fully sovereign States exist and are powerful enough to create or destroy international legal orders is insufficient and unnecessary in today`s world. Even if transnational public legal systems were artificially removed from the global environment, this assumption is untenable, since the binding and enforceable nature of international law no longer requires consent. As examples of reluctant states compelled to take legal action by the ICJ and ICSID show, “the role of consent diminishes as domestic ratification and implementation becomes less important in global regulation” (Krisch and Kingsbury 2006:11). If state consent is no longer the basis of international law, then traditional accountability mechanisms are useless, because even effective national feedback mechanisms cannot channel dissent internationally. The assumption that state consent or even civil society consent is even more untenable when considering private transnational legal systems. In fact, one of the consequences of the growth of private transnational law is the erosion of civil society or democratic power in favor of domination by legal elites: “Global administrative law could shrink the space for politics in favor of legal mechanisms, limit democracy, and instead establish a juristocracy” (Krisch and Kingsbury 2006: 9). The idea that norms emerge from society or discourse and are legitimized by democratic or at least accountable public bodies is not reflected in the practice of transnational private law, since for the most part “legalized international institutions reflect the professional standards of lawyers” (Kahler 2001:667). Globalization and the accompanying growth of demand-driven private law were driven by the same powerful circles: the legal profession and societies affected by the rapid expansion of international trade and investment (ibid.).
These powerful groups form what Krisch and Kingsbury call “juristocracy” and Cutler calls “mercatocracy,” the elite mix of public and private authorities that has shaped transnational legal systems. Given that the institutional characteristics of dispute resolution methods can often be convincingly linked to the needs or demands of private parties, it is reasonable to assume that the “spaghetti bowl” of codes and organizations that exist today is more advantageous to these groups than a public, consensual system of international law. International legal theory has been unable to recognize the power of these groups of voters, as the contemporary “bowl of spaghetti” is largely shunned by theorists who prefer to work in the traditional categories of public and private law. Part I. Framework:1. Renewal of the general case law William Twining 2. A World – Notes on the Emerging Legal Order Lawrence M. Friedman 3. Changing Legal Cultures David Nelken Part II.
Trade integration strategy:4. Introductory remarks – Legal constraints in the capitalist world economy Emmanuel Wallerstein 5. Managing globalization Francis G. Snyder 6. Transnational Transactions – Legal Work, Cross-Border Trade and Global Regulation Doreen M. McBarnet 7. Financial markets, globalization and global elites John Flood 8. Global Markets, National Law and Corporate Regulation Eleanor M. Fox 9. Corruption and the multinational Susan Rose-Ackerman 10. The Elusive Promise of the Law – Learning from Bhopal Marc Galanter Part III. Changing states:11.
Opening speech – Production of the transnational within the national Saskia Sassen 12. Dollarizing the State and Professional Expertise – Transnational Processes and Questions of Legitimation in State Transformation, 1960-2000 Yves Dezalay and Bryant Garth 13. Commentary – The Promise and Danger of the International Order Richard L. Abel 14. Answer – an answer to reading Richard Abel Yves Dezalay and Bryant Garth 15. Cultural imperialism in the context of transnational trade cooperation Michael B. Likosky 16. Sovereignty and citizenship in a world of migration Christian Joppke 17. Model African Constitution in the making Ugo Mattei 18. From individual dignity to respect for jinkaku – continuity and change in the concept of the individual in modern Japan Kyoko Inoue 19.
Transitional Justice as a Liberal Narrative Ruti Teitel Part IV. International Law and Context: 20th Keynote Address – The Transnational Legal Process Revisited Harold Koh 21. An international legal regime and the context of conditionality Sally Falk Moore 22. Reshaping the Legal Agenda of the World Order in a Turbulent Century Richard A. Falk 23. Globalization – a challenge for the nation-state and international law Stephan Hobe 24. Racism in civil conflict – national and global dimensions Julie Mertus 25. The quasi-sociality of rights – the case “Women`s rights are human rights” Annelise Riles 26. National legislation and the role of the Government and UNHCR in determining the legal status of refugees in Kenya Mr. Koki Muli 27. Geography of hunger Catherine Powell.
While it is clear that a particular national law is applicable to a particular activity, the effectiveness of the respective regulations in a globalized world often also depends on the practical application of national standards and, in particular, criminal judgments abroad. Under criminal law, national criminal justice authorities can normally execute their decisions – such as arrest warrants, search warrants and judgements – only on their own territory. The same applies to decisions of civil courts and administrative authorities. The application of domestic enforcement measures abroad therefore requires special legal regulations and enforcement procedures. If the applicability and applicability of domestic law abroad are not ensured, criminal activities in a country may be punishable or severely punishable due to the existence of so-called criminal havens, consumers may lose the protection of their national legislation and workers may be harmed by social dumping. In this situation, the regulatory power of the nation-state is reduced to a race to the bottom. [3] An important task of law in the global world is therefore to ensure that regulations are enforceable and enforceable not only at the national level, but also across borders. b. A second fundamental task of law in a globalized world is to face major challenges that no longer consist only of enforcing the interests of individuals from one territory to another, but rather of resolving the interests of several States.