From the Rule of Law to the Law of Rules

Abstract

Globalization can be read as consequential reordering, where national rules of law increasingly have to confront the progress of a transnational law of rules. We use conceptual building blocks from political science and sociological institutionalism to approach two sets of issues. First, we explore the nature of this consequential reordering and some of its structuring dynamics. We underscore some of the key features of the emergent transnational law of rules system and contrast it with more traditional, nationally bound, rule of law systems. Second, we consider the potential local, or national, impact of such profound reordering. In the conclusion, we identify key channels and mechanisms of impact as well as potential sources of resistance or of local adaptation. An exploration of those early propositions would be useful to both scholars and practitioners as it would make it possible to read, understand, and even anticipate the variability of cases and situations.

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