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Comparative Law$
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Uwe Kischel

Print publication date: 2019

Print ISBN-13: 9780198791355

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198791355.001.0001

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Contexts of Transnational Law

Contexts of Transnational Law

Chapter:
(p.869) Chapter 11 Contexts of Transnational Law
Source:
Comparative Law
Author(s):

Uwe Kischel

, Andrew Hammel
Publisher:
Oxford University Press
DOI:10.1093/oso/9780198791355.003.0011

This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.

Keywords:   transnational law, public international law, European Union law, transnational legal orders, transnational systems, national law, national legal systems

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