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).
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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.

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