Transnational Legal Process and International Adjudication

Document Type

Encyclopedia Entry

Publication Date

2019

Publication Information

in Max Planck Encyclopedia of International Procedural Law (Hélène Ruiz Fabri ed., 2019).

Abstract

From the Introduction

This entry involves two distinct yet interrelated concepts: ‘international adjudication’ and ‘transnational legal process. These terms have multiple meanings but for present purposes can be briefly defined as follows: international adjudication refers to processes aimed at resolving cross-border legal disputes and involving national, regional, or international courts or arbitral bodies. Transnational legal process (‘TLP’) refers to the practice of law-making, adjudication, and law enforcement relevant to cross-border activities by state and non-state actors. Harold Koh introduced TLP in 1996. He emphasized the role of national courts in developing a culture of compliance with international law within nation-states. His version remains much the same 25 years later (Koh, 2007; Koh, 2018). A central aim of this entry is to indicate TLP’s potential beyond the original vision. TLP has the potential to advance understanding and improvement of international adjudication. Section C will focus on one area where TLP holds promise: the promotion of judicial ethics for all forms of international adjudication. Before reaching the discussion of judicial ethics, section B will delve more deeply into the meaning and development of the concept of TLP and international adjudication. The general conclusion is that TLP is a useful, if under-theorized, perspective with the potential to support international law aimed at peace, prosperity, human dignity, and the flourishing of the natural environment.

Link to Full Text

Share

COinS