Instead,
transnational law enforcement cooperation is turning basic principles guiding criminal law on their head.
Conceptual and terminological proposals abound: notions such as "private authority," (25) "transnational private regulatory governance," (26) and "
transnational law" itself (27) evince a fast-evolving laboratory of empirical, doctrinal, and conceptual analyses.
(55) In this way, neoliberalism,
transnational law, or, in effect, aspirations to universal objectivity were used to justify an indirect grab of the tools of emancipation of Third World states, resulting in the hollowing out of their recently acquired sovereignty and precipitating what Chimni describes as the "recolonisation" of the Third World.
(8) Because of this globalization narrative, judges, lawyers, and law students are encouraged to study
transnational law to gain tools to be modern, global lawyers practicing before modern, global courts.
The NEG-ECP conference also confirms the claims about the functions of
transnational law made by global administrative law theorists.
In The Limits of
Transnational Law: Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union, (1) the authors examine European cooperation from a perspective different than that widely discussed in the media: cooperation between judiciaries.
What seems to make good sense is a blend of so-called private and public authority that clearly articulates their symbiotic relationship, more or less in line with Philip Jessup's concept of
transnational law. (15)
Andrews has a degree in economics from Wake Forest University with and received his law degree with honors from Suffolk University Law School, where he was a member of the Environmental Law Society and the Suffolk
Transnational Law Review.
Globalization refers to the "denationalization of markets, laws and politics in the sense of interlacing peoples and individuals for the sake of the common good." (22) This kind of globalization brings the "world of
transnational law to the door of the country lawyer." (23) One need look no further than the emergence of the European Common Market with its adoption of the "euro" as a multi-national currency to see how quickly and dramatically globalization can impact our view of the world.
(9) See K-P Berger (ed) The Practice of
Transnational Law (Kluwer, 2001) and L Nottage 'Practical and Theorectical Implications of the Lex Mercatoria for Japan: CENTRAL's Empirical Study on the Use of
Transnational Law' (2000) 4(2) Vindobona Journal of International Commercial Law and Arbitration 132.
The use of
transnational law today broadens the legal imagination of lawyers beyond their national borders, constraints, and traditional audiences.
The Dubai International Arbitration Center, a Dubai Chamber of Commerce & Industry initiative, in association with the Center for
Transnational Law (CENTRAL) based at University of Cologne School of Law, Germany, are organizing a training course on Practical Techniques for Handling Commercial Arbitration at the Center premises from September 28 to 30 2009.