The Continuing Search for Law in a Globally Interconnected World: Engaging and Contextualizing Jessup’s ‘Transnational Law’

Forthcoming in Peer Zumbansen (ed.), Jessup’s Bold Proposal. Critical Engagements with Transnational Law (Cambridge UP, 2019)

TLI Think!Paper 7/2019

45 Pages Posted: 7 Feb 2019

See all articles by Peer C. Zumbansen

Peer C. Zumbansen

King's College London & Osgoode Hall Law School; King’s College London, Dickson Poon Transnational Law Institute

Date Written: January 22, 2019

Abstract

This chapter serves as the introduction to an edited collection of original essays first presented at an international conference at the Transnational Law Institute, King’s College London. The conference had as its focus the commemoration of the 60th anniversary of the publication of Philip Jessup’s landmark study, “Transnational Law”, published in 1956. Jessup’s slim book is often associated with having launched an investigation into the role that law can play in the context of border-crossing human and institutional relations. Whatever the relationship between cause and effect, such an investigation is still continuing. But, the context in which Jessup wrote – as an international lawyer, an arbitrator and economic lawyer – is a different one today. And, that is true also for the disciplines that have taken an active interest in what is and isn’t transnational law. The chapter places Jessup’s main findings into a context of global geopolitical change and domestic state transformation. Both render the interdisciplinary investigation into law’s role in a global context ever more crucial. That “transnational law” – as label, concept or methodology – occupies an important place in this undertaking should be seen less as a marker of a new, self-standing doctrinal legal field, than as an important opportunity to think about the foundations of law today in a volatile, deeply divided world. This forms the backdrop for transnational law as a methodological laboratory in which to study law’s relation to other forms of social ordering, its sources and norms, its actors and processes, its regulatory aspirations and democratic (and, other) infrastructures.

Keywords: Transnational Law, Jessup, Global Governance, Global Law, State Transformation, Post-colonialism, Human Rights, Transnational Commercial Arbitration, lex mercatoria, legal pluralism

Suggested Citation

Zumbansen, Peer C., The Continuing Search for Law in a Globally Interconnected World: Engaging and Contextualizing Jessup’s ‘Transnational Law’ (January 22, 2019). Forthcoming in Peer Zumbansen (ed.), Jessup’s Bold Proposal. Critical Engagements with Transnational Law (Cambridge UP, 2019), TLI Think!Paper 7/2019, Available at SSRN: https://ssrn.com/abstract=3320108

Peer C. Zumbansen (Contact Author)

King's College London & Osgoode Hall Law School ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

King’s College London, Dickson Poon Transnational Law Institute ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
88
Abstract Views
340
rank
319,943
PlumX Metrics