Law Beyond the State and the Renewal of Legal Spaces

6 Pages Posted: 2 Mar 2018

See all articles by Bamdad Shams

Bamdad Shams

Institut d'Etudes Politiques de Paris (Sciences Po); Institut d'Etudes Politiques de Paris (Sciences Po), Sciences Po Law School - Ecole de Droit de Sciences Po

Date Written: February 27, 2018

Abstract

The aim of this paper is to describe and analyse the lawmaking activities of powerful non-state actors at the global level and to demonstrate how 'private' law-makers can affect our traditional understanding of law and justice. Traditionally, law and justice are associated with state law and state legal orders. However, today this nexus becomes questionable because law is also produced by global non-state actors such as multinational corporations (MNCs), NGOs and hybrid associations. These powerful private actors have their own legal orders, their own institutions, their own constitutions, their own normative bodies, their own dispute resolution mechanisms — all of these operating outside the state framework. We need in the future to rethink the concept of law itself in the context of the erosion of state sovereignty. A growing number of states transform themselves into private corporations in order to survive in the global market, thus leading to a decoupling of law and state. Two consequences can follow from this. Firstly, at the global level, private actors constitute their own legal orders in order to fulfill many of the traditional functions of the state, so that many relationships between private parties are mainly governed by non-state legal orders. Secondly, there is an ongoing process of redistribution of powers between states and global private actors which results in the marketization of public services and the 'privatization' of human rights law. Therefore, it would be conceivable to conceptualize and theorize law and justice without any reference to a state-centered methodology.

Keywords: Law; Legal Pluralism; Globalization of Law; Legal Theory

JEL Classification: K10

Suggested Citation

Shams, Bamdad and Shams, Bamdad, Law Beyond the State and the Renewal of Legal Spaces (February 27, 2018). Available at SSRN: https://ssrn.com/abstract=3130812 or http://dx.doi.org/10.2139/ssrn.3130812

Bamdad Shams (Contact Author)

Institut d'Etudes Politiques de Paris (Sciences Po), Sciences Po Law School - Ecole de Droit de Sciences Po ( email )

13 rue de l'Universite
Paris, 75007
France

Institut d'Etudes Politiques de Paris (Sciences Po) ( email )

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Paris Cedex 07, 75337
France

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