An article by contemporary German legal scholar Graff-Peter Kallies, professor at the Faculty of Law of the University of Bremen (Germany) and one of Europe's leading experts in the field of private international law, is devoted to analyzing the concept of transnational law, which the author understands as a special legal category that goes beyond national and international legal systems and combines regulatory mechanisms that include both private and public norms. Transnational law emerged in response to growing cross-border interactions and the role of non-state actors, such as transnational corporations and international organizations. The development of the concept of transnational law was initiated by Philip S. Jessup in the mid-20th century, when traditional legal systems were no longer able to effectively regulate globalizing relations. Based on his theory, various approaches subsequently emerged that emphasized the role of private actors and alternative dispute resolution mechanisms, such as international arbitration. As a result, transnational law became a hybrid system comprising norms created by both state and private actors. Despite the widespread application of transnational law norms, issues of legitimacy and accountability of private law-making remain important topics of contemporary debate, requiring new mechanisms of legitimization in the context of globalization.
Gralf-Peter Kallies (Fri,) studied this question.
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