ABSTRACT
In the last several decades, a major part of international law scholarship shifted its focus to transnational law. Since Philip Jessup coined the term transnational law in his famous Storrs Lectures at Yale, the enquiry of international law by many scholars and practitioners switched to norms that transcend traditional national/international and private/public dichotomies. The relentless triumph of neoliberalism and globalization encouraged eminent scholars such as Harold Koh to assert that 'a complex new order has supplanted the realist world order dominated by sovereign states'. Anne-Marie Slaughter refers to the paradox of globalization and international law: this is a globalization paradox. The importance of public policy concerns such as policies reflected in anti-competition law, tax law, corruption, and environmental concernsis undeniable. Yet, the practice and some supporting scholarship show the extent to which transnationalism aims to marginalize public policy considerations emanating from national laws.
