scholarly journals Transnational Legal Process: An Evolving Theory and Methodology

2021 ◽  
Author(s):  
Regina Jefferies
Keyword(s):  
Legal Process ◽  
Transnational Legal Process

scholarly journals Military Lawyers on the Battlefield: An Empirical Account of International Law Compliance

2010 ◽  
Vol 104 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Laura A. Dickinson
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Analysis ◽  
Theoretical Level ◽  
Legal Process ◽  
Strategic Action ◽  
State Behavior ◽  
Legal Norms ◽  
Norm Internalization ◽  
Transnational Legal Process

International law scholarship remains locked in a raging debate about the extent to which states do or do not comply with international legal norms. For years, this debate lacked empirical data altogether. International law advocates tended to assume that most nations obey most laws most of the time and proceeded to measure state activity against international norms through conventional legal analysis. In contrast, international relations realists and rational choice theorists have argued that international law is simply an epiphenomenon of other state interests with little independent power at all. Meanwhile, constructivist and transnational legal process approaches have posited that international law seeps into state behavior through psychological and sociological mechanisms of norm internalization and strategic action. But even these studies tend to remain on a theoretical level, without on-the-ground data about which factors might influence compliance in actual day-to-day settings.

What’s at Stake

2018 ◽  
Author(s):  
Harold Hongju Koh
Keyword(s):  
Foreign Policy ◽  
World War Ii ◽  
Global Governance ◽  
Good Effect ◽  
World War ◽  
Donald Trump ◽  
Legal Process ◽  
Spheres Of Influence ◽  
The Right ◽  
Transnational Legal Process

This closing chapter argues that what is ultimately at stake is a struggle between the post–World War II system of Kantian global governance versus an Orwellian vision of spheres of influence supported by President Donald Trump and other global authoritarians. Thus far, history shows that various techniques of resistance can be marshaled to good effect. The foreign policy tally thus far shows that Trump has not been winning and that the rope-a-dope is working. The book closes by arguing that Trump does not own transnational legal process; we all do. But our understanding of transnational legal process carries with it a normative edge. It confers on all of us a continuing obligation to keep pushing the arc of history in the right direction.

scholarly journals What Difference Does CBDR Make? A Socio-Legal Analysis of the Role of Differentiation in the Transnational Legal Process for REDD+

2016 ◽  
Vol 5 (2) ◽  
pp. 255-284 ◽  
Author(s):  
Sébastien Jodoin ◽  
Sarah Mason-Case
Keyword(s):  
Technical Assistance ◽  
Developed Countries ◽  
Legal Analysis ◽  
Legal Process ◽  
Public And Private ◽  
Legal Norms ◽  
The North ◽  
Non Governmental Organizations ◽  
Transnational Legal Process

AbstractThis article offers a socio-legal analysis of the role played by the principle of common but differentiated responsibilities (CBDR) in the development, diffusion, and implementation of jurisdictional REDD+ activities throughout the developing world. It employs a qualitative research method known as process tracing to uncover whether and, if so, to what extent and how actors have used CBDR to support the emergence and effectiveness of the transnational legal process for REDD+. The article argues that the transnational legal process for REDD+ reflects a conception of CBDR in which developing country governments may take on voluntary commitments to reduce their carbon emissions, with the multilateral, bilateral, and private sources of financial support and technical assistance provided by developed countries, international organizations, non-governmental organizations, and corporations. This creative conception and application of CBDR has fostered the construction and diffusion of legal norms for REDD+ because it has influenced the interests, ideas, and identities of public and private actors in the North and South. However, the early challenges associated with the implementation of REDD+ reveal a worrying gap between the financial pledges made by developed countries and the costs associated with the full implementation of REDD+, as well as contradictions in the very way in which the responsibilities of various countries have been defined in the context of REDD+. The analysis has important implications for the transnational governance of REDD+, as well as for scholarship on the role of differentiation in the pursuit of effective and equitable climate change solutions.

scholarly journals Defining Crimes in a Global Age: Criminalization as a Transnational Legal Process

2020 ◽  
pp. 1-32
Author(s):  
Ely Aaronson ◽  
Gregory Shaffer
Keyword(s):  
Driving Forces ◽  
Empirical Studies ◽  
Theory Building ◽  
Legal Practice ◽  
Legal Process ◽  
Building Projects ◽  
Global Era ◽  
Global Age ◽  
Domestic Practices ◽  
Transnational Legal Process

The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theoretical frame for studying how international and domestic practices of criminal lawmaking interact with one another. This article builds from the theory of transnational legal orders and the recursivity of law to propose a transnational processual theoretical framework for the study of criminalization. This framework provides tools for investigating how criminal prohibitions are constituted through recursive interactions between actors operating in international, national, and local sites of legal practice. It draws on empirical studies to show how the processes of constructing, applying, and contesting definitions of international and transnational crimes are embedded in broader structures of power. The article demonstrates how a processual theory of transnational criminalization sheds light on important sociolegal questions about the driving forces and consequences of current efforts to harmonize the definitions of criminal activities across national jurisdictions.

scholarly journals TEORI INTERNASIONALISME DALAM SISTEM HUKUM NASIONAL

2015 ◽  
Vol 9 (2) ◽  
pp. 199
Author(s):  
Ninon Melatyugra
Keyword(s):  
International Law ◽  
South African ◽  
The State ◽  
Process Theory ◽  
The South ◽  
Legal Process ◽  
Crucial Problem ◽  
Municipal Law ◽  
South African Constitution ◽  
Transnational Legal Process

<p><strong>Abstrak</strong></p><p>Konstitusi suatu negara memegang peran penting dalam menjelaskan posisi hukum internasional dalam sistem hukum nasional. The South African Constitution adalah salah satu contoh konstitusi yang menjabarkan secara eksplisit mengenai kedudukan hukum internasional sehingga mempreskripsi pengadilan untuk menggunakan hukum internasional secara langsung dalam wilayah domestik. Masalah muncul bagi negara yang tidak memiliki ketentuan eksplisit dalam konstitusi, seperti Indonesia, namun praktiknya terdapat penggunaan hukum internasional oleh agen negaranya. Artikel ini menawarkan teori internasionalisme untuk memberi dasar legitimasi bagi negara yang ingin patuh terhadap hukum internasional di saat konstitusi tidak memiliki ketentuan eksplisit yang mengaturnya. Teori ini dibangun dengan fondasi 2 teori yakni teori <em>transnational legal process </em>yang menitikberatkan pada bagaimana negara memperlakukan hukum internasional, dan teori <em>international constitution </em>yang berfokus pada bagaimana perlakuan hukum internasional tersebut bersifat konstitusional. </p><p> </p><p><em><strong>Abstract </strong></em></p><p>A constitution of a nation holds an important role to define international law before municipal law. The South African Constitution is an example of constitutions that explain explicitly the position of international law and prescribe its courts to observe international law in domestic zone. A crucial problem has risen in States which have no explicit provisions in their constitutions, like Indonesia, but the State agent acts of using international law are often found. This article offers internationalism theory in order to give the States a legitimacy to be comply with international law although the constitution lacks the explicit provisions. The theory contains 2 basic theories which are transnational legal process theory that stresses on how states treat international law properly; and international constitution theory that focuses on how the treatment becomes constitutional.</p>

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