Law Commons^™

Customary Transnational Law: Attacking The Last Resort Of State Sovereignty, Till Müller

Indiana Journal of Global Legal Studies

In the Westphalian State, Customary International Law (CIL) has traditionally been informed by high-level state action among close neighbors. However, it is no longer a foregone conclusion that CIL is resistant to the influences of greater globalization and transnational government and non-governmental action. As the interaction among and between national governments and non-governmental organizations increases in frequency, breadth, and physical distance, we are asked to reconsider the formation of modern CIL. Ultimately, the ever increasing importance of transnational cooperation, both in traditional governance and non-governmental action, necessarily informs modern CIL. The resultant body of law may appropriately be described as …

Bottom-Up Lawmaking: The Private Origins Of Transnational Law, Janet Koven Levit

Indiana Journal of Global Legal Studies

This article introduces one way in which the private sector makes law- bottom-up transnational lawmaking. While this article explores one example in depth- the Berne Union's regulation of export credit insurance- it concludes that bottom-up lawmaking peppers our legal landscape in a profound and largely unacknowledged way. More specifically, this article discusses how the private sector engages in international lawmaking and contemplates the normative implications of privatized transnational lawmaking.

Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.