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 ?
Consequently, in the framework of transnational law, extradition has been globally simplified in both substantive and procedural terms; thus, conditions for extradition tend to become more flexible, as is the case with the application of the rules of dual criminality (the indicted crime must be pre-existing in both legislations), and of specialty, (the extradited person can only be judged, condemned and punished for the crime charged in the extradition request), among others (Boister, 2017).
I am honored to have ushered in Transnational Law Review's fortieth year of publication.
(16) The dominant interest in lex mercatoria as the quintessential instantiation of transnational law seems to be quite representative.
(52) Instead of the right to preserve natural resources and nationalize foreign-owned property, transnational law compelled Third World states to grant the usual suspects the right to appropriate domestic resources, domestic industry, and domestic wealth.
Transnational law and globalization talk is in vogue.
(12) Kingsbury adds to this disaggregated conception of the state a particular view of transnational law. As mentioned above, Raustiala sees networks as complementing and supplementing formal international law, as defined by the liberal internationalist paradigm.
Minister Lavrov expressed appreciation of the co-operation which Sri Lanka had consistently extended to the Russian Federation in international fora in respect of a wide range of issues including intellectual property rights, money laundering, combating terrorism and mutual assistance with regard to transnational law enforcement.
JESSUP, TRANSNATIONAL LAW (1956) (reprinting the author's Storrs Lectures, delivered at Yale Law School in February 1956) (coining the term "transnational law" and arguing that the world needed a field of law in this area).
The Limits of Transnational Law: Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union, Edited by Guy S.
Westberg, 24 Vanderbilt Journal of Transnational Law 587 (1991); condensed version in 21 International Business Lawyer 200 (1993).
When Philip Jessup, over a half-century ago, coined the term "transnational law" to describe a normative process of decision-making that blends private and public elements, it soon became essentially another name for public international law in the United States, although a formal distinction between "international" and "transnational" law is certainly understood.

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