Transnational and Trans-Territorial Rule-Making - A Basic Framework

23 Pages Posted: 28 Jan 2014

Date Written: January 23, 2014


This Article discusses the reality of executive rule-making procedures with trans-territorial effect, with other words, the creation of non-legislative rules which have an effect outside the territorial limits of the jurisdiction of origin. It maps the phenomenon, discusses some of its central challenges for the realization of general principles of law and considers possible legal approaches addressing these. One of the most important issues thereby is to find workable solutions in the context of the pluralism of sources of law – national, supranational and international.

Keywords: Transnational public law, transterritorial effects, rule-making, participation, mutual recognition

Suggested Citation

Hofmann, Herwig C.H., Transnational and Trans-Territorial Rule-Making - A Basic Framework (January 23, 2014). University of Luxembourg Law Working Paper No. 2014-01. Available at SSRN: or

Herwig C.H. Hofmann (Contact Author)

Universite du Luxembourg ( email )


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