The emergent ‘global law’ and global governance are often evoked as a multiversum in the absence of a controlling principle, or alternatively as a complex set of normativity to be encompassed by a holistic constitutional architecture. In what follows, I shall not pursue a further guiding “meta-principle” but shall refer to the Rule of law: this ideal, cherished in our most solemn legal documents, can be elaborated upon and promises to shed some light on the essential role of legality in the extended beyond the state space. Before dealing with this issue, a recognition of the current transformations in the global setting shall be due, and a narrative that should understand them in terms of legality’s structures and of their interactions. Thus, I invite to carefully follow some subsequent steps: I shall account for what is to be meant with ‘global law’, the nature and questionability of its own ‘legality’ and its difference and connections with nonglobal forms of legality and legal orders

Global Law And The Law On The Globe

Palombella, Gianluigi
2012-01-01

Abstract

The emergent ‘global law’ and global governance are often evoked as a multiversum in the absence of a controlling principle, or alternatively as a complex set of normativity to be encompassed by a holistic constitutional architecture. In what follows, I shall not pursue a further guiding “meta-principle” but shall refer to the Rule of law: this ideal, cherished in our most solemn legal documents, can be elaborated upon and promises to shed some light on the essential role of legality in the extended beyond the state space. Before dealing with this issue, a recognition of the current transformations in the global setting shall be due, and a narrative that should understand them in terms of legality’s structures and of their interactions. Thus, I invite to carefully follow some subsequent steps: I shall account for what is to be meant with ‘global law’, the nature and questionability of its own ‘legality’ and its difference and connections with nonglobal forms of legality and legal orders
2012
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11382/419034
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