Global Law: The Spontaneous, Gradual Emergence of a New Legal Order

17(2) Tilburg Law Review, pp. 276-284, 2012

9 Pages Posted: 13 Jun 2013

See all articles by Joshua Karton

Joshua Karton

Queen's University Faculty of Law; National Taiwan University - College of Law

Date Written: 2012

Abstract

This article argues that the debate over whether international law can apply to non-state actors misses the point. The useful distinction is not between rules that regulate the obligations of states and those that regulate the obligations of non-state actors, but rather between rules that regulate the reciprocal obligations of states to each other (international laws) and rules that set global standards that must be obeyed by all entities, state and nonstate alike, regardless of national laws and boundaries. This latter category is the emerging phenomenon of global law. Global laws take varying forms, but they all seek to bind the entire globe to a singular global standard — they do not so much cross national boundaries as ignore them. Global law remains inchoate, but is increasing in both scope and coherence. Those seeking to predict the course that global law will take can look to the current example of international commercial arbitration, which is global law par excellence.

Keywords: law, globalization, global law, transnational law

Suggested Citation

Karton, Joshua, Global Law: The Spontaneous, Gradual Emergence of a New Legal Order (2012). 17(2) Tilburg Law Review, pp. 276-284, 2012. Available at SSRN: https://ssrn.com/abstract=2277883

Joshua Karton (Contact Author)

Queen's University Faculty of Law ( email )

Macdonald Hall
128 Union St.
Kingston, Ontario K7L3N6
Canada

National Taiwan University - College of Law ( email )

No.1, Sec.4, Roosevelt Road
Taipei, 10617, 10617
Taiwan

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