Secondary Rules of Recognition and Relative Legality in Transnational Regimes

American Journal of Jurisprudence, Vol. 56, 2011

29 Pages Posted: 13 Sep 2011

See all articles by Thomas Schultz

Thomas Schultz

King's College London; University of Geneva; Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS); Graduate Institute of International and Development Studies

Date Written: September 13, 2011

Abstract

Understanding the nature and contours of transnational legality is an important challenge, as it may bear on the place that transnational law should be given within the existing frameworks of public and private international law. This article discusses three questions, which have emerged in the field of international arbitration and are primarily of a philosophical nature, that help us understand certain aspects of transnational legality: (1) What is the role of social conventions among international adjudicators for the development of transnational regimes? (2) What are the ethical considerations connected to the recognition as law of one or several transnational arbitral regimes? (3) What are the legal consequences of the recognition as law of one or several transnational arbitral regimes? These three questions shed light on the nature and role of secondary rules of recognition in transnational regimes and on the distinction between relative legality (what a legal system considers to be law, its own or that of other systems) and absolute legality (what a neutral observer considers to be law).

Keywords: transnational law, legal philosophy, relative legality, secondary rules of recognition, arbitration

Suggested Citation

Schultz, Thomas, Secondary Rules of Recognition and Relative Legality in Transnational Regimes (September 13, 2011). American Journal of Jurisprudence, Vol. 56, 2011. Available at SSRN: https://ssrn.com/abstract=1926722

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

University of Geneva ( email )

102 Bd Carl-Vogt
Genève, CH - 1205
Switzerland

Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS) ( email )

Villa Moynier
Rue de Lausanne 120b
Geneva, 12011
Switzerland

Graduate Institute of International and Development Studies ( email )

Geneva
Switzerland

Register to save articles to
your library

Register

Paper statistics

Downloads
206
Abstract Views
950
rank
145,691
PlumX Metrics