Transnational Legality

Stateless Law and International Arbitration

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, International
Cover of the book Transnational Legality by Thomas Schultz, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Thomas Schultz ISBN: 9780191511288
Publisher: OUP Oxford Publication: January 9, 2014
Imprint: OUP Oxford Language: English
Author: Thomas Schultz
ISBN: 9780191511288
Publisher: OUP Oxford
Publication: January 9, 2014
Imprint: OUP Oxford
Language: English

What should we call law when it is not the law of one or several states? Does it actually matter what we call law? How can we take into account the consequences of calling something law when we shape the concept of law in the first place? How does international arbitration help to illustrate the problem? This book is an investigation into stateless law, illustrated by international arbitration regimes. It addresses key philosophical questions posed by international arbitration as a potential path to law beyond the state. It ascertains which dimensions of transnational legality arbitral regimes conform to, and what consequences follow from it. The argument of this book is firmly rooted in contemporary legal positivism and is attentive to current debates regarding the rule of law to ponder legality without territory. A theory is suggested regarding the minimal conditions that transnational regimes must fulfil in order to legitimately and appropriately count as law. The theory is tested on various arbitral regimes. The book thus offers reflections on the extent to which legality and the rule of law can serve as a moral and political benchmark for transnational regimes, to assess the political morality of arbitration's current autonomy from states and what arbitration's claim for an increase in that autonomy implies.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

What should we call law when it is not the law of one or several states? Does it actually matter what we call law? How can we take into account the consequences of calling something law when we shape the concept of law in the first place? How does international arbitration help to illustrate the problem? This book is an investigation into stateless law, illustrated by international arbitration regimes. It addresses key philosophical questions posed by international arbitration as a potential path to law beyond the state. It ascertains which dimensions of transnational legality arbitral regimes conform to, and what consequences follow from it. The argument of this book is firmly rooted in contemporary legal positivism and is attentive to current debates regarding the rule of law to ponder legality without territory. A theory is suggested regarding the minimal conditions that transnational regimes must fulfil in order to legitimately and appropriately count as law. The theory is tested on various arbitral regimes. The book thus offers reflections on the extent to which legality and the rule of law can serve as a moral and political benchmark for transnational regimes, to assess the political morality of arbitration's current autonomy from states and what arbitration's claim for an increase in that autonomy implies.

More books from OUP Oxford

Cover of the book The Actual and the Possible by Thomas Schultz
Cover of the book Military Entrepreneurs and the Spanish Contractor State in the Eighteenth Century by Thomas Schultz
Cover of the book Faithful to Science by Thomas Schultz
Cover of the book Hobson-Jobson by Thomas Schultz
Cover of the book Heresy and Dissent in the Carolingian Empire by Thomas Schultz
Cover of the book Adulthood and Other Fictions by Thomas Schultz
Cover of the book Maternal Grief in the Hebrew Bible by Thomas Schultz
Cover of the book Institutions For Future Generations by Thomas Schultz
Cover of the book The Prisoner of Zenda by Thomas Schultz
Cover of the book The Elements: A Very Short Introduction by Thomas Schultz
Cover of the book Oxford Textbook of Communication in Oncology and Palliative Care by Thomas Schultz
Cover of the book Governance by Indicators by Thomas Schultz
Cover of the book Indentured Migration and the Servant Trade from London to America, 1618-1718 by Thomas Schultz
Cover of the book Ecclesiastical Law by Thomas Schultz
Cover of the book Sleep, Health, and Society by Thomas Schultz
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy