from Part II - Transnational Law as Regulatory Governance
Published online by Cambridge University Press: 18 March 2020
Philip Jessup’s ground-breaking work Transnational Law (1956) identifies the evolution of law as emerging from a concern with regulation of events confined within national boundaries to events “transcend[ing] national frontiers.” His identification of this new realm of interaction, absent the corresponding existence of a world state, has led to a useful analytic framework for a number of important issues extending Cardozo’s observation that “we must enlarge [law] until it is broad enough to answer to realities.” This framing has important implications for the study of developments in transnational dispute resolution and corresponding questions of adaptation, harmonization and diversity in global practice.
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