Does Brexit Spell the Death of Transnational Law?
German Law Journal (Brexit Suppl.), Vol. 17, p. 51, 2016
12 Pages Posted: 7 Jul 2016 Last revised: 3 Sep 2016
Date Written: July 1, 2016
The British leave vote in the referendum on EU membership has important implications for how we think about law. The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has its own nostalgia, carried over from the postwar period and no longer appropriate for our times. Transnational law, I argue, has become an elitist project. In order to remain fruitful, it must take serious the pleas of those who feel left out from it.
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