Threats and Opportunities of Transnational Law

Pravnik, Ljubljana 2021, Vol. 76 (138), Nos. 9-10

Through three research questions, the author deals with transnational law. She first presents the process of transition from the modern to the postmodern period which is the basis to address all research questions. The article then answers the first research question: "What does transnational law mean and does it even exist?” The answer to that question is provided by defining the term, its division and description of all the characteristics of the transnational law. This is followed by the answer to the second research question: "How has transnational law affected the transformation of the state?” Through it, the ar- ticle focuses on the impact of transnational law on the state sovereignty and democracy, its institutional infrastructure, human rights, the rule of law and le- gitimacy, legality, equity, unity, coherence and other features of law. In the final part, the article answers the third question: "How can a postmodern state limit threats and seize the opportunities of transnational law?” As a solution the au- thor proposes changes in legal education that would enable a better and more extensive study of transnational law. With new knowledge, states would be able to continue to maintain their national systems, legal trends and values, while simultaneously improve their weak areas with elements of transnational law.

Key words: era of modernism, era of postmodernism, modern state, post-mo- dern state, modern law, transnational law, legal education.


Spletno naročilo edicije: Številka 9-10/2021

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