Book contents
- Reviews
- The Many Lives of Transnational Law
- The Many Lives of Transnational Law
- Copyright page
- Contents
- Contributors
- Preface and Acknowledgements
- Introduction Transnational Law, with and beyond Jessup
- Part I Transnational Law
- Part II Transnational Law as Regulatory Governance
- 4 Aiding and Abetting in Theorizing the Increasing Softification of the International Normative Order: A Darker Legacy of Jessup’s Transnational Law?
- 5 From International Law to Jessup’s Transnational Law, from Transnational Law to Transnational Legal Orders
- 6 Transnational Law in the Pacific Century
- 7 Transnational Law in Context
- 8 Transnational Law and Adjudication: Domestic, International and Foreign Intersections
- 9 Transnational Law and Global Dispute Resolution
- 10 Conflicts of Law and the Challenge of Transnational Data Flows
- 11 What Lex Sportiva Tells You about Transnational Law
- 12 Family Law
- Part III Transnational Law
- Part IV Conclusion
- Index of Names
- Subject Index
8 - Transnational Law and Adjudication: Domestic, International and Foreign Intersections
from Part II - Transnational Law as Regulatory Governance
Published online by Cambridge University Press: 18 March 2020
- Reviews
- The Many Lives of Transnational Law
- The Many Lives of Transnational Law
- Copyright page
- Contents
- Contributors
- Preface and Acknowledgements
- Introduction Transnational Law, with and beyond Jessup
- Part I Transnational Law
- Part II Transnational Law as Regulatory Governance
- 4 Aiding and Abetting in Theorizing the Increasing Softification of the International Normative Order: A Darker Legacy of Jessup’s Transnational Law?
- 5 From International Law to Jessup’s Transnational Law, from Transnational Law to Transnational Legal Orders
- 6 Transnational Law in the Pacific Century
- 7 Transnational Law in Context
- 8 Transnational Law and Adjudication: Domestic, International and Foreign Intersections
- 9 Transnational Law and Global Dispute Resolution
- 10 Conflicts of Law and the Challenge of Transnational Data Flows
- 11 What Lex Sportiva Tells You about Transnational Law
- 12 Family Law
- Part III Transnational Law
- Part IV Conclusion
- Index of Names
- Subject Index
Summary
This chapter uses transnational law in the Jessup tradition as a lens for examining contemporary debates about the legitimacy and methodology of national courts engaging with foreign and international law. Covering academic and judicial views from a number of countries in the common law world, particularly the USA, UK, and Australia, it offers an Australian perspective on judicial transnationalisation of law, including analysis of decisions of the High Court of Australia over a 25-year period. In outlining features of the landscape of judicial transnationalisation of law in the common law world, it canvasses various jurisprudential, jurisdictional, methodological, and topical challenges for conventional frames of reference about national courts engaging with international and foreign law. Finally, it explores the implications of positioning national courts within a 21st century inter-systemic view of governance, regulation, and democracy.
Keywords
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- Information
- The Many Lives of Transnational LawCritical Engagements with Jessup's Bold Proposal, pp. 197 - 223Publisher: Cambridge University PressPrint publication year: 2020