Transnational Law and Global Dispute Resolution

Ali, Shahla F.

Transnational Law and Global Dispute Resolution

The Many Lives of Transnational Law: Critical Engagements with Jessup’s Bold Proposal, (P. Zumbansen, Ed.) Cambridge University Press, p. 224-239.

University of Hong Kong Faculty of Law Research Paper No. 2019/107

20 Pages Posted: 28 Oct 2019 Last revised: 4 Dec 2019

See all articles by Shahla F. Ali

Shahla F. Ali

The University of Hong Kong - Faculty of Law

Date Written: October 22, 2019

Abstract

Philip Jessup’s ground-breaking work Transnational Law (1956) identifies the evolution of law as emerging from a concern with regulation of events confined within national boundaries to events “transcend[ing] national frontiers.” His identification of this new realm of interaction, absent the corresponding existence of a world state, has led to a useful analytic framework for a number of important issues extending Cardozo’s observation that “we must enlarge [law] until it is broad enough to answer to realities.” This framing has important implications for the study of developments in transnational dispute resolution and corresponding questions of adaptation, harmonization and diversity in global practice.

Keywords: Transnational Law, Dispute Resolution, International Arbitration, Harmonisation, Legal Diversity

JEL Classification: K1

Suggested Citation: Suggested Citation

Ali, Shahla F., Transnational Law and Global Dispute Resolution (October 22, 2019). The Many Lives of Transnational Law: Critical Engagements with Jessup’s Bold Proposal, (P. Zumbansen, Ed.) Cambridge University Press, p. 224-239.; University of Hong Kong Faculty of Law Research Paper No. 2019/107. Available at SSRN: https://ssrn.com/abstract=3473631