Transnational Legal Process
DOI link for Transnational Legal Process
Transnational Legal Process book
Transnational legal process provides the key to understanding the critical issue of compliance with international law. This chapter argues that transnational legal process has been the dominant mode of international legal scholarship for the last few decades. Transnational law transforms, mutates, and percolates up and down, from the public to the private, from the domestic to the international level and back down again. Participation in the transnational legal process helps constitute the identity of a state as one that obeys the law, but what is critical is the interaction, not the label that purports to identify a state as liberal or not. Transnational legal process forces states to become more law-abiding by incorporating international law into their domestic legal and political structures. A lens of transnational legal process calls upon lawyers to exercise all of their interdisciplinary tools, without asking them to forsake their traditional lawyerly skills.