Transnational Spaces: Norms and Legitimacy

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I suggest that two issues-transnational lawmaking and the legitimacy of transnational norms-are in fact related, and that investigating new forms of lawmaking at the transnational level may also help provide an answer to the legitimacy question. My argument is that the United States increasingly participates in transnational, mutually responsive processes of legal argumentation and norm development, and that it does so because it sees utility in this participation. The legitimacy of these processes may be grounded in considerations that are quite distinct from the ways we think about the legitimacy of domestically generated norms. Finally, I will argue that the question of legitimacy is political and cultural, not legal-a conclusion that suggests that notions of legitimacy will evolve through practices and narratives.

Publication Citation

33 Yale J. Int'l L. (2008)