16 October 2013

JOURNAL: Transnational Legal Theory

Juris Diversitas is very pleased to let you know that Transnational Legal Theory, Hart Publishing, Oxford Volume 4, Issue 2 is now published.

About the Jorunal:

The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity.

Central to Transnational Legal Theory's mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged.

Equally central to Transnational Legal Theory's mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law 'beyond the state' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature. Other areas of interest for the journal include the interaction of systems or orders along such axes as the following examples: constitutional law theory on the reception of various forms of external law by states' legal orders; jurisdictional theory on the external projection of states' legal orders; public law theory on the evolution of regional legal orders; panstate religious normativity; and the theorization of law as "global" in preference or contradistinction to law as either international or transnational. Legal theory is understood broadly to encompass a variety of inter- and subdisciplinary theoretical approaches to law or to law-like normativity, including, to name only some, philosophy of law, legal sociology, legal history, law and economics, and international relations theory.

The Concept of a Global Rule of Law
Peter Rijpkema

Paradox and Legitimacy in Transnational Legal Pluralism
Phillip Paiement

The Dilemma of the Three Wise Monkeys? Transnational Law as a Tool of Constitutional Interpretation and the US Supreme Court
Ignacio de la Rasilla del Moral

The Individualisation of Liberty: Europe’s Move from Emancipation to Empowerment

Of Tortoises and Hares: Exploring the Role of International Administrations and Tribunals in the Development of International Law
Maria Panezi

Working the Base of Fragmentation: Concepts of Unity in International Law

Legal Ideas and the Transformation of Trade Law
Derek McKee


For full information about books and journals please visit the website www.hartpub.co.uk

Hart Publishing, 16C Worcester Place, Oxford OX1 2JW, UK
Online Access: 
To access this issue online, read the abstracts and purchase individual papers please click here.


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