Transnational Law in Context: The Relevance of Jessup's Analysis for the Study of 'International' Arbitration

Abstract

This chapter aims at highlighting the relevance of Jessup’s analysis based on the example of international arbitration. In this chapter, I will use the example of international arbitration to contextualize the notion of transnational law and its potential relevance as an analytical tool. I will do so by intertwining two analyses. I will consider, on the one hand, the ways in which international arbitration was a source of inspiration for Jessup when elaborating the notion of transnational law. On the other hand, I will consider how the notion of transnational law constitutes a relevant tool for the analysis of international arbitration and its subsequent developments. Jessup,who was not only an academic but also, first and foremost, a practitioner of international relations, demonstrated the necessity of establishing such a dialogue between theory and practice.