ABSTRACT

Globalisation represents a substantial challenge for legal systems. By blurring the borders between the national and international spheres, it shatters the structure of national legal orders and the coherence and founding principles of international law. This chapter examines the nature of the challenges and the answers proposed by legal scholars. Some foresee a global constitutionalism underlying a world order. Others imagine legal pluralism, renouncing the concept of articulated legal borders. Going further, the idea of transnational law – in which law controlled by the State is challenged by rules that are produced by non-State actors – coexists with the exploration of new types of legal systems that are originating from the hybridisation of legal norms, that is, stemming from several entangled legal systems.