FROM INTERNATIONAL LAW TO GLOBAL GOVERNANCE: STRUCTURAL CHANGES IN THE TRANSNATIONAL SPACE

Marcelo Torelly

Abstract


The articles analyze the emergence of the concept of global governance arguing that social complexification leads to the emergence of new kinds of transnational regulation that challenge the traditional concept of international law articulated in the late XIX Century. It divides the historical development in three stages: an assembly moment, an executive moment, and judicial moment characterized by normative fragmentation and the emergence of self-contained regimes with constitutional-like features. Methodologically, it describes the prevailing international organizations and legal theories across time. It concludes mapping seven distinctive features of the transnational space during the three stages: kind of problem concerning the field, strategies of action, decision making process, style of governance, available organizations and institutions, actors, and theoretical approaches.

Keywords


Global Governance. International Law. Transnational Legal Process. International Law Fragmentation. Transnational Governance.



DOI: https://doi.org/10.26668/IndexLawJournals/2358-1352/2016.v15i6.2990

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