From International Law to Jessup's Transnational Law, from Transnational Law to Transnational Legal Orders

19 Pages Posted: 9 Jan 2017 Last revised: 31 May 2017

Gregory Shaffer

University of California, Irvine School of Law

Carlos Coye

University of California, Irvine School of Law

Date Written: January 6, 2017

Abstract

In Jessup’s 1956 Storrs Lecture he defined transnational law as “all law which regulates actions or events that transcend national frontiers,” which includes public international law, private international law, and “other rules which do not wholly fit into such standard categories.” Considerable recent scholarship on transnational law has focused on that residual category of “other rules” and their “private” character. There has, however, been a revolution in international law itself since 1956, reflected in a proliferation of international institutions, international courts, treaties, and so-called “soft law” technologies of governance. This chapter assesses the role of international law in the creation of what can be viewed as “transnational legal orders” that penetrate and imbue state law, shape social identity, and inform public and private legal practice. International law, this chapter contends, is even a more important shaper of the transnational than in Jessup’s time, and, in turn is shaped by it.

Suggested Citation

Shaffer, Gregory and Coye, Carlos, From International Law to Jessup's Transnational Law, from Transnational Law to Transnational Legal Orders (January 6, 2017). UC Irvine School of Law Research Paper No. 2017-02. Available at SSRN: https://ssrn.com/abstract=2895159

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

Carlos Coye

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

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