81009576

open access

Version of Record

International Economic Law and Transnational Law : A Socio-Legal Perspective

English (英語)

Kobe University law review

49

19-38

神戸大学大学院法学研究科

2015

2016-10-19

What relationships exist between international economic law (IEL) and emerging forms of transnational law? Would it be useful to reconsider IEL in relation to transnational economic networks that create their own regulatory expectations and practices? This would be to confront a ‘top-down’ law created by states, treaties, conventions and international institutions supported by states, with the more ‘bottom-up’ production of normative understandings in networks of community. This paper considers how such an approach may clarify the nature of law regulating transnational economic relations, and the bases of its authority and legitimacy. It draws on recent analyses of transnational private law and considers their relevance for IEL. Familiar dichotomies – ‘public’ and ‘private’, ‘expert’ and ‘non-expert’ input in regulation, ‘top-down’ and ‘bottom-up’ law-making – can be illuminated in such a perspective. The approach also emphasises a major problem for IEL – how to lessen the remoteness of regulators from the experience and aspirations of the regulated.

紀要論文