Transnational Law-making in a Global Policy Arena: Addressing Mining and Community Conflicts

2014 ◽  
Keyword(s):  
Global Policy ◽  
Transnational Law ◽  
Policy Arena ◽  
Community Conflicts ◽  
Law Making

scholarly journals EU Counter-terrorism Law: What Kind of Exemplar of Transnational Law?

2019 ◽  
Vol 21 ◽  
pp. 217-242
Author(s):  
Cian C. MURPHY
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Global Impact ◽  
Counter Terrorism ◽  
Transnational Law ◽  
The Law ◽  
Law Making ◽  
The Eu

AbstractThis article examines counter-terrorism efforts in the EU as it matures as a field of law. It sets out three critiques of EU counter-terrorism law: that of ineffectiveness, of anti-constitutionalism, and of contrariness to human rights and the rule of law. It considers these critiques in light of the development of policies and legal initiatives—against foreign terrorist fighters and against radicalisation. It concludes that there are both persistent problems, and some improvements, in the law. The EU's capacity to meet the challenges posed by terrorism and the counter-terrorism imperative, and how it does so, has global impact. The article concludes with an argument for better law-making in the EU to ensure it serves as a better exemplar of transnational law.

International NGOs, Transnational Civil Society, and Global Public Policy

2019 ◽  
pp. 147-164
Author(s):  
Kelly Ann Krawczyk
Keyword(s):  
Civil Society ◽  
Policy Process ◽  
Problem Definition ◽  
Policy Issues ◽  
Global Policy ◽  
Authority Relationships ◽  
Transnational Civil Society ◽  
Global Public Policy ◽  
Policy Arena

Over the last three decades, transnational civil society (TCS) gained status as a legitimate player in the global policy arena, across policy issues such as health, human rights, and development, and in stages of the global policy process, including agenda setting, problem definition, and monitoring/evaluation. However, TCS grapples with challenges related to power and authority relationships, democratic structures and values, and long-term effectiveness and accountability. These challenges impede the ability of TCS to exert direct influence in global policy making. By increasing its capacity as a local, bridging actor, and by expanding participation across more policy issues and in additional stages of the policy process, TCS can achieve greater influence in global policy.

scholarly journals Transnational law – a new system of law?

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Alexandru BOSTAN
Keyword(s):  
Social Space ◽  
Legal Pluralism ◽  
Legal Scholarship ◽  
Republic Of Moldova ◽  
Transnational Law ◽  
Transnational Actors ◽  
State Monopoly ◽  
Lex Mercatoria ◽  
Law Making ◽  
New System

The paper presents the emergence and evolution of the concept of transnational law, from the Philip Jessup’s 1956 novation to the latest approaches, mainly from the western legal scholarship. In the legal writings from Romania or Republic of Moldova, the phenomenon of transnational law remains unexplored or, at best, mentioned incidental as a synonym of a modern “lex mercatoria”. Likewise, in Russian scholarship, research on transnational law bears a strong private imprint and ubiquitous reluctance may be noted. This article aims to discuss, from the perspective of legal pluralism, the loss of the state monopoly in law making, the pluralization of sources of legitimacy for transnational actors, and the reconsideration of the scope of the law, by de-territorializing it. Transnational law is seen thus not just a private regime, but as a system of normative law that transcends international or national law, acts in a distinct social space and addresses specific actors, not only private, but also public or hybrid. In Romanian legal knowledge this approach is missing.

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

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