ABSTRACT
This chapter examines how the principle of ultima ratio can operate in the context of transnational law. It warns against the risk that contemporary legal developments turn into the imposition of standards, criteria and categories formulated at a level which is detached from regional and sub-regional areas, without ensuring adequate forms of 'bottom-up' democracy. The chapter looks at the concept of transnational law as elaborated by academic work, starting from the 1950s. It shows how this concept has acquired relative autonomy and is currently employed alongside or as an alternative to traditional concepts, such as international and national law. The chapter focuses on a general discussion on whether the market can be considered an integral part of a transnational community and the extent to which principles and ideas having a criminal and constitutional law origin can contribute to a community-oriented approach. It inquires into the possibility of employing the principle of ultima ratio as an expression of the community-oriented approach.
