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With, within, and beyond the state: The promise and limits of transnational legal ordering

Date

2021

Authors

Shaffer, Gregory
Halliday, Terence

Journal Title

Journal ISSN

Volume Title

Publisher

Oxford University Press

Abstract

Our theoretical framework provides a way to assess empirically how legal norms interact at the transnational, national, and local levels in terms of their construction, conveyance, and practice. For us, the term “transnational” thus does not suggest the disappearance of the state, the withdrawal of the state as a major actor, or processes autonomous of state law, as contended by others. Rather, the term “transnational” has three core attributes. First, it highlights that states (through state officials) are just one among many actors engaged in transnational legal ordering. Second, it points to the ways transnational legal ordering transcends and often transforms states through their participation in transnational legal processes. Third, it underscores that one needs to assess the interaction of state and nonstate actors at different levels of social organization, including international organizations and transnational networks, national institutions, and local practice, to understand transnational legal ordering.

Description

Keywords

transnational legal orders, transnational legal ordering, recursivity of law, role of the state, state transformation, institutionalization, international arbitration, commercial law, public international law, normativity

Citation

Source

Type

Book chapter

Book Title

The Oxford Handbook of Transnational Law

Entity type

Access Statement

License Rights

DOI

10.1093/oxfordhb/9780197547410.013.45

Restricted until

2099-12-31