Transnational Law


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Transnational Law

All the law—national, international, or mixed—that applies to all persons, businesses, and governments that perform or have influence across state lines.

Transnational law regulates actions or events that transcend national frontiers. It involves individuals, corporations, states, or other groups—not just the official relations between governments of states.

An almost infinite variety of transnational situations might arise, but there are rules or law bearing upon each. Since applicable legal rules might conflict with each other, "choice of law" is determined by rules of conflict of laws or private international law. The choice, usually between rules of different national laws, is made by a national court.

In other types of situations, the choice might be between a rule of national law and a rule of "public international law," in which case the choice is made by an international tribunal or some nonjudicial decision-maker, such as an appointed body.

Cross-references

International Law.

References in periodicals archive ?
I am honored to have ushered in Transnational Law Review's fortieth year of publication.
33) This article unearths the political dimensions of this recent interest in subsidiarity among international lawyers before turning to transnational law as the site of engagement with both institutional and normative consequences of the alluded-to transformation of state-based governance structures and the proliferation of private and hybrid regulatory regimes.
55) In this way, neoliberalism, transnational law, or, in effect, aspirations to universal objectivity were used to justify an indirect grab of the tools of emancipation of Third World states, resulting in the hollowing out of their recently acquired sovereignty and precipitating what Chimni describes as the "recolonisation" of the Third World.
These questions are not about transnational law per se but are questions of domestic law and domestic institutional competency to resolve transnational issues.
Defined in this way, transnational law embraces all legal rules, independently of their origin, that exceed the framework of a single national legal order.
The first part of this Note argues that the use of transnational law today broadens the legal imagination of lawyers beyond the borders of national sovereignty.
24) Transnational law has been defined as "The law applicable to the complex interrelated world community which may be described as beginning with the individual and reaching up to the so called 'family of nations' or 'society of states'.
The Dubai International Arbitration Center, a Dubai Chamber of Commerce & Industry initiative, in association with the Center for Transnational Law (CENTRAL) based at University of Cologne School of Law, Germany, are organizing a training course on Practical Techniques for Handling Commercial Arbitration at the Center premises from September 28 to 30 2009.
The study of law and understandings of law and social change go beyond national legal institutions and focus more on transnational law and legal institutions.
7) The underlying premise of the fellowship is that there are paradigm-shifting developments in transnational law on reproductive health and human rights that could invigorate scholarship in the U.
The Yujin Institute of International Law (Seoul, Korea) has begun the publication of the "Journal of East Asia and International Law," a new English-language journal that is designed to enhance understanding of the formation of formal and informal transnational law mechanisms in East Asia.

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