Skip to main content Accessibility help
×
Home
Hostname: page-component-544b6db54f-s4m2s Total loading time: 0.692 Render date: 2021-10-19T07:02:27.225Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

25 - Transnational Law

from Part V - Private Law (Rule-Setting) beyond the State

Published online by Cambridge University Press:  09 April 2021

Stefan Grundmann
Affiliation:
European University Institute, Florence
Hans-W. Micklitz
Affiliation:
European University Institute, Florence
Moritz Renner
Affiliation:
Universität Mannheim, Germany
Get access

Summary

Transnational law is of utmost practical relevance, as private law relations have always transcended the borders of national legal systems. There is a broad theoretical discussion of the topic, but the very concept of transnational law remains elusive. Is it a novel legal order made by non-state actors? A mere description of the ways in which different legal orders interact? Or rather a new perspective on the lawmaking process as an interplay of public and private, national and international actors?

Type
Chapter
Information
New Private Law Theory
A Pluralist Approach
, pp. 472 - 483
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Jessup, Philip C., Transnational Law (New Haven / CT: Yale University Press, 1956), pp. 134Google Scholar
Teubner, Gunther, ‘“Global Bukowina”: Legal Pluralism in the World Society’, in Teubner, Gunther (ed.), Global Law without a State (Aldershot: Dartmouth, 1997), pp. 328Google Scholar
Berman, Harold J., Law and Revolution: The Formation of the Western Legal Tradition (Cambridge: Harvard University Press, 1983)Google Scholar
Calliess, Gralf-Peter / Zumbansen, Peer, Rough Consensus and Running Code: A Theory of Transnational Private Law (Oxford: Hart, 2012)Google Scholar
Halliday, Terence C. / Shaffer, Gregory, ‘Transnational Legal Orders’, in Halliday, Terence C. / Shaffer, Gregory (eds.), Transnational Legal Orders (New York: Cambridge University Press, 2015), pp. 372CrossRefGoogle Scholar
Michaels, Ralf, ‘The True Lex Mercatoria: Private Law Beyond the State’, 14 Indiana Journal of Global Legal Studies 447–68 (2007)CrossRefGoogle Scholar
Tietje, Christian / Brouder, Alan / Nowrot, Karsten, Philipp C. Jessup’s Transnational Law Revisited (Halle-Wittenberg: Institute for Economic Law, 2006)Google Scholar
Zumbansen, Peer, ‘Transnational Law’, in Smits, Jan (ed.), Encyclopedia of Comparative Law (Cheltenham: Edward Elgar, 2006), pp. 738–54Google Scholar

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×