Transnational Law

Legal Professionals and Transnational Law-Making: A Case of Distributed Agency

“…Now, the emergence of a transnational legal fi eld has signifi cantly widened their scope. Building on the concept of social fi elds (Bourdieu, 1987;Trubek et al, 1994: 411), the transnational legal fi eld is defi ned here as the ensemble of actors, practices and institutional processes that are involved in the creation, maintenance and change of the 'law which regulates actions or events that transcend national frontiers' (Jessup, 1956;see also Friedmann, 1996) and is predominantly generated (though not necessarily enforced) by private actors (Fischer-Lescano and Teubner, 2004;Teubner, 1997). In this understanding, the fi eld of transnational law extends beyond classical international law that applies to inter-state relationships only.…”

World law

“…"The term 'international' is misleading", Jessup (1956:1) wrote, "since it suggests that one is concerned only with the relations of one nation (or state) to other nations (or states)". A term is needed, he said, to identify "the law applicable to the complex interrelated world community which may be described as beginning with the individual and reaching up to the socalled family of nations or society of states" (Jessup, 1956:1).…”

“…Both public and private international law are included, as are other rules which do not wholly fit into such standard categories" (Jessup, 1956:2).…”

The Appropriate Level of Enforcement in Multilevel Regulation Mapping Issues in Avoidance of Regulatory Overstretch

“…The scope of the present paper does not allow us to dwell too much on the manifold dimensions of this concept. We merely follow the descriptions used in the present legal discourse (Noortmann, 2015), which builds on Philip Jessup's (1956) Transnational Law. Basically, the introduction of the term transnational law aimed to create a category for rules that do fit neither the public nor the private realm of law (Jessup, 1956;Noortmann 2015).…”

“…We merely follow the descriptions used in the present legal discourse (Noortmann, 2015), which builds on Philip Jessup's (1956) Transnational Law. Basically, the introduction of the term transnational law aimed to create a category for rules that do fit neither the public nor the private realm of law (Jessup, 1956;Noortmann 2015). Central in the idea is that states are not the only actors and problems are often not confined to states.…”