Transnational Law

23 Pages Posted: 14 Mar 2008 Last revised: 21 Dec 2013

See all articles by Peer C. Zumbansen

Peer C. Zumbansen

McGill University, Faculty of Law; King's College London - The Dickson Poon School of Law

Date Written: March 12, 2008

Abstract

This chapter traces the development of the concept of Transnational Law since Philip Jessup's Storrs Lectures at Yale Law School in 1955. Jessup had famously challenged the doctrinal and conceptual boundaries of both public and private international law to suggest that another concept be more adequately suited to capture the myriad normative and transactional relations across national borders. "I shall use", Jessup wrote, "the term 'transnational law' to include all law which regulates actions or events that transcend national frontiers. Both public and private international law are included, as are other rules which do not wholly fit into such standard categories". Transnational law since became a promising perspective from which to assess the regulatory challenges arising in an increasingly interdependent, globalizing world. The following chapter touches on a number of key areas where the idea of transnational law has proven most fruitful and provocative (lex mercatoria, corporate governance, public international law, human rights litigation) before drawing some conclusions for a methodological understanding of transnational law and its consequences for law school curriculum reform.

A substantively updated and revised version of this article, entitled "Transnational Law, Evolving" is available at: http://ssrn.com/abstract=1975403

Keywords: transnational law, law school curriculum reform, lex mercatoria, corporate governance, public international law, human rights litigation

JEL Classification: K10, K33, K40

Suggested Citation

Zumbansen, Peer C., Transnational Law (March 12, 2008). CLPE Research Paper No. 09/2008, Available at SSRN: https://ssrn.com/abstract=1105576 or http://dx.doi.org/10.2139/ssrn.1105576

Peer C. Zumbansen (Contact Author)

McGill University, Faculty of Law ( email )

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Montreal, Quebec H3A 1W9
Canada

HOME PAGE: http://https://www.mcgill.ca/law/

King's College London - The Dickson Poon School of Law ( email )

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London, WC2R 2LS
United Kingdom

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