TY - CHAP
T1 - With, within, and beyond the state
T2 - The promise and limits of transnational legal ordering
AU - Shaffer, Gregory
AU - Halliday, Terence
N1 - Publisher Copyright:
© Oxford University Press 2021.
PY - 2021/1/1
Y1 - 2021/1/1
N2 - Our theoretical framework provides a way to assess empirically how legal norms interact at the transnational, national, and local levels in terms of their construction, conveyance, and practice. For us, the term “transnational” thus does not suggest the disappearance of the state, the withdrawal of the state as a major actor, or processes autonomous of state law, as contended by others. Rather, the term “transnational” has three core attributes. First, it highlights that states (through state officials) are just one among many actors engaged in transnational legal ordering. Second, it points to the ways transnational legal ordering transcends and often transforms states through their participation in transnational legal processes. Third, it underscores that one needs to assess the interaction of state and nonstate actors at different levels of social organization, including international organizations and transnational networks, national institutions, and local practice, to understand transnational legal ordering.
AB - Our theoretical framework provides a way to assess empirically how legal norms interact at the transnational, national, and local levels in terms of their construction, conveyance, and practice. For us, the term “transnational” thus does not suggest the disappearance of the state, the withdrawal of the state as a major actor, or processes autonomous of state law, as contended by others. Rather, the term “transnational” has three core attributes. First, it highlights that states (through state officials) are just one among many actors engaged in transnational legal ordering. Second, it points to the ways transnational legal ordering transcends and often transforms states through their participation in transnational legal processes. Third, it underscores that one needs to assess the interaction of state and nonstate actors at different levels of social organization, including international organizations and transnational networks, national institutions, and local practice, to understand transnational legal ordering.
KW - Commercial law
KW - Institutionalization
KW - International arbitration
KW - Normativity
KW - Public international law
KW - Recursivity of law
KW - Role of the state
KW - State transformation
KW - Transnational legal ordering
KW - Transnational legal orders
UR - http://www.scopus.com/inward/record.url?scp=85112260198&partnerID=8YFLogxK
U2 - 10.1093/oxfordhb/9780197547410.013.45
DO - 10.1093/oxfordhb/9780197547410.013.45
M3 - Chapter
SP - 987
EP - 1006
BT - The Oxford Handbook of Transnational Law
PB - Oxford University Press
ER -