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Does Brexit Spell the Death of Transnational Law?

Published online by Cambridge University Press:  06 March 2019

Ralf Michaels
Ralf Michaels*
Affiliation:
Duke University School of Law [[email protected]]

Extract

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Philip Jessup would not be pleased. Exactly sixty years after he published his groundbreaking book on Transnational Law, a majority of voters in the United Kingdom decided they wanted none of that. By voting for the UK to leave the European Union, they rejected what may well be called the biggest and most promising project of transnational law. Indeed, the European Union (including its predecessor, the European Economic Community), is nearly as old Jessup's book. Both are products of the same time. That invites speculation that goes beyond the immediate effects of Brexit: Is the time of transnational law over? Or can transnational law be renewed and revived?

Type
Brexit Special Supplement
Information
German Law Journal , Volume 17 , Issue S1: Brexit Special Supplement , 01 July 2016 , pp. 51 - 62
Copyright
Copyright © 2016 by German Law Journal, Inc. 

References

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2 Id. at 113.Google Scholar

3 Jessup, supra note 1, at 2. Later in the book, in a less-often quoted passage, he clarified: “Transnational law then includes both civil and criminal aspects, it includes what we know as public and private international law, and it includes national law, both public and private.” Id. at 106Google Scholar

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9 See, e.g., Tuck, Richard, The Left Case for Brexit, Dissent (June 6, 2016), available at https://www.dissentmagazine.org/online_articles/left-case-brexit.Google Scholar

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11 See Common Statement by the Foreign Ministers of Belgium, France, Germany, Italy, Luxemburg and the Netherlands, 25/06/2016, available at http://www.auswaertiges-amt.de/EN/Infoservice/Presse/Meldungen/2016/160625_Gemeinsam_Erklaerung_Gruenderstaatentreffen_ENG_VERSION.html. See also https://euobserver.com/political/132204/.Google Scholar

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13 See, e.g., Jessup, supra note 5; Jessup, Philip C., Democracy Must Keep Constant Guard for Freedom, 25 Dep't St. Bull. 220 (1951).Google Scholar

14 Jessur, supra note 1, at B2.Google Scholar