296 pages | 1 B/W Illus.
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.
1. Introduction, Katerina Mitkidis and Lauren Neumann; PART I: Transnational Tendencies in Law; 2. Five Theses on the Dialectic of Unity and Plurality in Postnational Law, Kaarlo Tuori; 3. The Politics of Transnational Law, Thomas Gammeltoft-Hansen and Tanja Aalberts; 4. Transnationalism in the Arctic Ocean: Legitimacy Strategies of the Inuit Circumpolar Council, the European Union and China, Cécile Pelaudeix; 5. Transnational Ecosystem-based Norms covering the Danish/Greenlandic Arctic Marine Area, Ellen Margrethe Basse; 6. Brexit: A Note on the EU’s Interlegality, Reza Banakar; 7. Beyond Nations and Continents? Harmony and Solidarity as Common Endeavours in a Digital Era of Populism, Propaganda and Fiction?, Hanne Petersen; Part II – Developing Regulatory Legitimacy Under Transnationalisation; 8. Development of Transnational Contract Law?, Kateřina Mitkidis; 9. Towards the Participation of a Global Public in Transnational Law-making? Everyday ICT Platforms as Legitimacy Opportunities for Bottom-up Governance, Karin Buhmann and Sameer Azizi; 10. Pushing Back International Human Rights Law – Counter Reaction to Transnational Law?, Jens Vedsted-Hansen; 11. Balancing Legal Obligations in Europe’s Cooperation with Libya in the Fight against Migrant Smuggling, Fenella M.W. Billing and Nikolas Feith Tan; Part III – Application, Enforcement and the Challenges of Legitimacy; 12. Enforcing Transnational Labour Law in Local Contexts, Louise Munkholm; 13. The Principle of Equality as a Transnational Principle, Natalie Videbæk Munkholm and Christian Højer Schjøler; 14. How Domestic Courts May Shape International Commercial Law Norms, Thomas Neumann; 15. Transnational Religious Law – Exemplified by the United Methodist Church, Lisbet Christoffersen; 16. Is Formality Legitimacy? Defining the Obligations of Non-State Armed Groups, Lauren Neumann; 21. Conclusion - Transnationalisation and Legal Actors: Legitimacy in Question, Bettina Lemann Kristiansen, Cécile Pelaudeix and Louise Munkholm;