Faculty Scholarship
Document Type
Article
Publication Date
July 2009
Abstract
This article presents an original theory of international law that reconciles the norm-making processes occurring at the international, state and individual level. It is the central thesis of this paper that economic globalization is not happening in a vacuum, but is rather engendering legal globalization, much in the way that centralized regulation followed trans-state economic globalization within the United States and Europe. Traditional definitions of international do not address this phenomenon and consider these new forms of transnational norm creation as simply exceptions to the general rule that international law is created by nation-states within the framework of multinational institutions. This article addresses this serious shortcoming in our current definition and understanding of international law, and the manner in which it is created.
Publication Title
ExpressO
NSUWorks Citation
James Wilets,
A UNIFIED THEORY OF INTERNATIONAL LAW, THE STATE, AND THE INDIVIDUAL: TRANSNATIONAL LEGAL HARMONIZATION IN THE CONTEXT OF ECONOMIC AND LEGAL GLOBALIZATION
ExpressO
(2009),
Available at: https://nsuworks.nova.edu/law_facarticles/472