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Transnational LegalityStateless Law and International Arbitration$
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Thomas Schultz

Print publication date: 2014

Print ISBN-13: 9780199641956

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199641956.001.0001

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The Internal Identity of a Stateless Legal System

The Internal Identity of a Stateless Legal System

(p.151) 8 The Internal Identity of a Stateless Legal System
Transnational Legality

Thomas Schultz

Oxford University Press

This chapter first reviews the central tenets of the School of Dijon. It shows that their identification of non-state arbitral legal systems, and the connected loosening of the bonds between law and government, actually opened an important path leading far beyond the mere battle on semantics that took place, for which the School of Dijon sometimes has been spurned. The chapter also reviews, and excludes, alternative candidates that would have offered themselves for the task of assessing the legitimacy and justice of transnational regimes aspiring to be stateless law. It then uses Lon Fuller's account of the rule of law, the ‘inner morality of law’, as a yardstick to determine whether an arbitration regime — and any stateless normative regime for that matter — deserves the label of law. It expounds the sundry bearings that seven of the eight cognate principles delineated by Fuller have on procedural questions in dispute resolution and, hence, on regulation through patterns of individual rule application and creation.

Keywords:   law, legality, legal system, transnational arbitration, School of Dijon, Lon Fuller, inner morality, arbitration regime

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