Present an overview of one of the following theories of international law: Transnational Law

Article 

Present an overview of one of the following theories of international law:

Transnational Law

Transnational Law is one of the theories of international law that covers all aspects of international, public and private law as well as national law. When businesses carry out international transactions they work through legal frameworks and according to the laws of different countries and these laws are covered by transnational law.

 Professor Philip Jessup introduced  the word “ transnational law.” According to him transnational law is a law that covers laws in all disciplines both private and public international law and national law on cross-border territories. (Jessup,2006,45). ( https://www.law.berkeley.edu/php-programs/courses/fileDL.php?fID=7587) This term is the extension of dominion across country boundaries so that individuals,  public organizations or private corporations are unswervingly impacted by regulations emerging outside the state dominion of the nation-side where they are located.

(https://www.jstor.org/stable/23252270?read-now=1&seq=1#page_scan_tab_contents)

Authors consider this law as theoretically distinct from national and international law because its principal sources and reports are neither state corporations nor international foundations established or treaties or agreements but private( individual, corporate or collective) thespians are involved in transnational relations.

It is an approach  recognizing and preserving legal difference by soothing interactions between legal regimes-a kind of transnational conflict of laws system.” This law covers other topics as well from sociology to geography and international relations as well as social sciences. Transnational law demands the world, society and thus covers words beyond both native and global realms.

( Jessup, Philip C. Transnational Law. New Haven, CT: Yale University Press, 1956.).

References :

·        

•       Nye, Joseph S., and Robert O. Keohane. “Transnational Relations and World Politics: An Introduction.” In Special Issue: Transnational Relations and World Politics. Edited by Joseph S. Nye and Robert O. Keohane. International Organization 25.3 (1971): 329–349.

E-mail Citation »

For Nye and Keohane, somewhat paralleling Jessup, the term “international relations” (in the sense of relations between state governments) is too narrow to account for the complexity of world politics, which they see as affected by various interaction patterns involving not only states but also private actors such as corporations. Against this backdrop, the authors suggest a research program that studies how such transnational interaction patterns affect world politics.

• ·         Risse-Kappen, Thomas, ed. Bringing Transnational Relations Back In. Cambridge, UK: Cambridge University Press, 1995.

E-mail Citation »

The volume builds on the earlier transnational-relations approaches in IR and asks for the institutional-background conditions of transnational action. It contains several case studies on the domestic institutional context for transnational actors to implement their policy preferences.

• ·          Rosenau, James N. “International Studies in a Transnational World.” Millennium: Journal of International Studies 5.1 (1976): 1–20.

E-mail Citation »

Early programmatic article in which Rosenau elaborates on the challenges that IR theory faces in a world of transnational ties and changing authority structures. He holds that in addition to empirical challenges, trans nationalization must also stimulate conceptual and methodological reorientation.

• ·         Scott, Craig M. “Transnational Law as Proto‐concept: Three Conceptions.” German Law Journal 10.6–7 (2009): 859–876.

E-mail Citation »

Very insightful conceptual discussion in which Scott distinguishes three conceptions of transnational law (traditionalism, decisionism, and pluralism)—arguably siding with the third. For nonlawyers, the article is highly welcome because of its discussion both of practical and theoretical issues.

• ·         Zumbansen, Peer. “Transnational Law, Evolving.” In Comparative Research in Law & Political Economy. Osgood Hall Law School Research Paper 27/2011 Toronto: Osgood Hall Law School, 2011.

E-mail Citation »

Insightful and comprehensive overview of strands of work on transnational law in various—and indeed interdisciplinary—fields in legal studies.

Transnational Law is the theory of international law that is unique in its features and the area of legal research, practice and education both on a national and international level as it governs the rules across the borders on global business terms and legal terms.

This law has opened doors towards all the legal norms and laws that provide rules to any subjects according to the writers from philosophy to international relations, political sciences and sociology as well as geography. It is a new branch introduced and it is included law in UK courts and rules dominions.

The purpose of the article is to get an overview of transnational law and detailed knowledge of what this law covers and how it works. 

Additional reading:

 Ackerman & Golove, Is NAFTA Constitutional? 108 Harv. L. Rev. 799 (1995); Sloss, Executing Foster v. Neilson: The Two-Step Approach to Analysing Self-Executing Treaties, 53 Harv. Int’l L.J. 135 (2012); Vázquez, The Four Doctrines of Self Executing Treaties, 89 Am. J. Int’l L. 695 (1995); Vagts, Treaty Interpretation and the New American Ways of Law Reading, 4 Eur. J. Int. L. 472 (1993).

To invoke the idea of transnational law means that new sources, locations, and authorities are seen and across the nation, border rules are implied on legal realms. From a society standpoint, the nature of the transnational law offers a framework to compare all the relevant fields in different cross-border context. If a model is to be made of this law than it will show the comparisons of different fields linked together under social and conceptual phenomena. And the are possibilities that legal developments can be enhanced because of this phenomenon. It is a broad and deep term that covers all the subjects under one area of legal terms. This law is not only interpreted by legal scholars but also scholars of other disciplines that are not only limited to pollical sciences but also sociology, history and geography.