Legitimacy-Collisions in 3D: Some Queries with the Third Dimension of Joerges’ Conflicts Law

Olaf Dilling 

University of Bremen - Faculty of Law
March 29, 2011

Christian Joerges, Tommi Ralli (ed.), After Globalisation: New Patterns of Conflict and their Sociological and Legal Reconstructions, Oslo: RECON Report Series 2011 
Abstract:      
The acknowledgement of a transnational legal space beyond national or conventional international law has led to an almost explosive proliferation of literature on emerging global governance arrangements. Generally, this strand of literature exceeds the narrow scope of a legal positivist conception of law, and often refers to concepts of legal realism. However, until recently, this literature has primarily contributed to a descriptive inventory of these phenomena. Although questions about the legitimacy of the emerging transnational law have often been addressed, the discussion has remained rather conventional in this respect. While the scope of the attention has shifted from state-centred public international law “in the books” to transnational administrative law “in action”, normative conceptions of constitutionality and legitimacy seem to be far more resistant to the change in the post-Westphalian order.

The paper comments on Christian Joerges: "The Idea of a Three-Dimensional Conflicts Law as Constitutional Form", May 15, 2010, 

Number of Pages in PDF File: 10

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2244357