Law and Globalization: Conceptual Issues

18 Pages Posted: 8 Sep 2016

Date Written: June 28, 2016

Abstract

By transforming borders and de-territorializing behavior, globalization raises a host of questions and concerns fundamental to law. Many commentators argue that international law and national law are no longer adequate categories for the totality of “law” today, and offer an array of new concepts such as transnational law, global law, global legal pluralism, etc., to help us understand law in the global space. This essay offers one view of how concepts such as “transnational law” and “global law” stand in relation to one another and to what has been traditionally understood as “national” and “international” law, employing the different dimensions of law as process, output and structure. Transnational law theorists can be understood as focusing on new metanational processes of norm creation and their output, while global law theorists take an architectural approach to how domestic and international legal structures work with transnational legal dynamics to form a new global law system. In order to understand globalization’s law fully, we have to understand it comprehensively as both “transnational” and “global,” complementing a “post-global” view of the “national” and the “international.”

Keywords: Transnational Law, Global Law, Globalization, International Legal Theory, Pluralism, Legal Process, Comparative Law

Suggested Citation

Garcia, Frank Joseph, Law and Globalization: Conceptual Issues (June 28, 2016). TLI Think! Paper No. 33/2016. Available at SSRN: https://ssrn.com/abstract=2834299

Frank Joseph Garcia (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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