{"title":"Transnational Law, with and beyond Jessup","authors":"Peer C. Zumbansen","doi":"10.1017/9781108780582.001","DOIUrl":"https://doi.org/10.1017/9781108780582.001","url":null,"abstract":"This chapter serves as the introduction to an edited collection of original essays first presented at an international conference at the Transnational Law Institute, King’s College London. The conference had as its focus the commemoration of the 60th anniversary of the publication of Philip Jessup’s landmark study, “Transnational Law”, published in 1956. Jessup’s slim book is often associated with having launched an investigation into the role that law can play in the context of border-crossing human and institutional relations. Whatever the relationship between cause and effect, such an investigation is still continuing. But, the context in which Jessup wrote – as an international lawyer, an arbitrator and economic lawyer – is a different one today. And, that is true also for the disciplines that have taken an active interest in what is and isn’t transnational law. The chapter places Jessup’s main findings into a context of global geopolitical change and domestic state transformation. Both render the interdisciplinary investigation into law’s role in a global context ever more crucial. That “transnational law” – as label, concept or methodology – occupies an important place in this undertaking should be seen less as a marker of a new, self-standing doctrinal legal field, than as an important opportunity to think about the foundations of law today in a volatile, deeply divided world. This forms the backdrop for transnational law as a methodological laboratory in which to study law’s relation to other forms of social ordering, its sources and norms, its actors and processes, its regulatory aspirations and democratic (and, other) infrastructures.","PeriodicalId":188470,"journal":{"name":"The Many Lives of Transnational Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133249664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"After the Backlash","authors":"R. Michaels","doi":"10.1017/9781108780582.019","DOIUrl":"https://doi.org/10.1017/9781108780582.019","url":null,"abstract":"","PeriodicalId":188470,"journal":{"name":"The Many Lives of Transnational Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129902249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Concept of a Global Legal System","authors":"C. Whytock","doi":"10.1017/9781108780582.003","DOIUrl":"https://doi.org/10.1017/9781108780582.003","url":null,"abstract":"","PeriodicalId":188470,"journal":{"name":"The Many Lives of Transnational Law","volume":"90 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129819613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Family Law","authors":"Ivana Isailovć","doi":"10.1017/9781108780582.013","DOIUrl":"https://doi.org/10.1017/9781108780582.013","url":null,"abstract":"","PeriodicalId":188470,"journal":{"name":"The Many Lives of Transnational Law","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121452913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Transnational Law as Unseen Law","authors":"Natasha A. Affolder","doi":"10.2139/ssrn.3473408","DOIUrl":"https://doi.org/10.2139/ssrn.3473408","url":null,"abstract":"Part of the continuing allure of Philip Jessup’s account of transnational law, published in 1956, lies in its promise of capturing something beyond the easily visible bodies of public and private international law. Attempts to name and to frame this unseen law continue to this day. This chapter, part of a collection commemorating the 60th anniversary of the publication of Transnational Law, examines the intellectual holding pen created by Jessup for other rules and sources of law, his “larger storehouse of rules”. While this initiative was firmly aimed at expanding the view of law to see beyond the state and to center practice in its vision field, the tools and methods for studying and understanding law in this way remain unclear. Emerging from an awareness that the transnational law “lens” delivers but a selective view, and that forms and manifestations of legal knowledge continue to elude us, are tantalizing possibilities for future research.","PeriodicalId":188470,"journal":{"name":"The Many Lives of Transnational Law","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124327653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"How Comity Makes Transnationalism Work","authors":"T. Schultz, N. Ridi","doi":"10.2139/SSRN.2897538","DOIUrl":"https://doi.org/10.2139/SSRN.2897538","url":null,"abstract":"Comity is a venerable principle in the name of which national courts fine-tune the reach of national substantive law and jurisdictional rules, refrain from questioning the lawfulness of another sovereign state’s acts, and restrict themselves from issuing such judgments and orders that would amount to an unjustifiable interference. The doctrine was developed in 17th Century Netherlands with the goal of making sense of the changed normative landscape, after the consecration of the principles of territorial sovereignty and freedom from interference introduced a substantial hurdle to flourishing cross-border business transactions. In spite of a lack of scholarly attention, the doctrine of comity never disappeared from the language of the courts: in fact, it was rediscovered as a tool to help govern those situations in which cross-border elements were in need of careful treatment — to play with Philip Jessup’s words, those “actions or events that transcend national frontiers”. In this paper, we consider the meaning of the notion of comity and its value as an inherently transnational principle that touches on a number of important areas. Following Jessup’s own partition of his seminal work Transnational Law, we will consider “the universality of human problems”, the power to deal with them, and the choice of law to govern them, and illustrate how “the demands of comity” contribute to providing answers to issues such as the harmonisation of transnational normative frameworks, the allocation of regulatory authority, and the law — and administration — of jurisdiction. In doing so, we will address both domestic and international regulation and decision making. We will then reverse our perspective to show that comity is a foundational principle for transnational law by explaining that the latter cannot be detached from an understanding of the former: four centuries on, “the lesson of comity” does not cease to be decisive.","PeriodicalId":188470,"journal":{"name":"The Many Lives of Transnational Law","volume":"506 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127598585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}