A Case for Transnational Law in Contemporary Times

Abstract

When Jessup first wrote about transnational law about 60 years ago, scholarship on globalisation had not started yet. It seems though that transnational law, as we understand it, is as closely related to and has been developing alongside globalisation. However, transnational law and its place in scholarship remains contested. In the context of this contribution, globalisation serves as the catalyst that has transformed the manner in which law is viewed nationally and internationally and as such presents the lens through which transnationality could be understood and conceptualised. The article shows that the transnationalisation of law is inevitable in a fluid and ever-changing society which demands answers and solutions to the increasing problems brought about by and through globalisation.