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Open Access Publications from the University of California

State Law as a Transnational Legal Order

  • Author(s): Michaels, Ralf
  • et al.

If transnational law is defined as different from national law, then state law cannot be a transnational legal order (TLO). And yet, state law is in many ways as transnational as it ever has been. In presenting state law as a TLO, I present then a critique of the dichotomy between TLOs and the state, albeit a friendly one. I find, essentially, that states qualify as TLOs. If that is so then it follows that a theory of transnational orders should, in order to be defensible, be generalized as a theory of legal orders.

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