| The acknowledgement of a transnational legal space beyond national or conventional
international law has led to an almost explosive proliferation of literature on emerging global
governance arrangements. Generally, this strand of literature exceeds the narrow scope of a
legal positivist conception of law, and often refers to concepts of legal realism.2 However,
until recently, this literature has primarily contributed to a descriptive inventory of these
phenomena. Although questions about the legitimacy of the emerging transnational law have
often been addressed, the discussion has remained rather conventional in this respect. While
the scope of the attention has shifted from state-centred public international law “in the
books” to transnational administrative law “in action”, normative conceptions of
constitutionality and legitimacy seem to be far more resistant to the change in the post-
Westphalian order. |
Dilling, Olaf
2011
Oslo: RECON Report Series 2011
in: Christian Joerges, Tommi Ralli (ed.), After Globalisation: New Patterns of Conflict and their Sociological and Legal Re-constructions
|
