Transnational law; Global governance; Spheres of authority; International trade regulation; Global financial regulation; Domestic and international law; Interfaces
KRISCH NICO, CORRADINI FRANCESCO, REIMERS LUCY LU (2020), Order at the margins: The legal construction of interface conflicts over time, in Global Constitutionalism
, 9(2), 343-363.
Krisch Nico (ed.), Entangled Legalities Beyond the State
, Cambridge University Press, Cambridge.
Krisch Nico, Entangled Legalities in the Postnational Space, in International Journal of Constitutional Law
Krisch Nico, Framing Entangled Legalities Beyond the State, in Krisch Nico (ed.), Cambridge University Press, Cambridge.
MorochovicTomas, ReimersLucy Lu, Hidden in the Shades: Patterns of Entanglement Within the Web of Corporate Social Responsibility Law, in Krisch Nico (ed.), Cambridge University Press, Cambridge.
ReimersLucy Lu, International Trade Law: Legal Entanglement on the WTO’s Own Terms, in Krisch Nico (ed.), Cambridge University Press, Cambridge.
Corradini Francesco, The Social Life of Entanglements between International Investment and Human Rights Norms in and beyond ISDS, in Krisch Nico (ed.), Cambridge University Press, Cambridge.
Corradini Francesco, The Struggle for International Financial Standards: An Historical Analysis of Entangling Legalities in Finance, in Krisch Nico (ed.), Cambridge University Press, Cambridge.
||Zuern, Michael; Kreuder-Sonnen, Christian; Fuss, Julia
|Persistent Identifier (PID)
The increasing density and entanglement of international law and institutions leads to a growing potential for collisions between norms and rules emanating from different international institutions. It is an open question, however, when actors actually create manifest conflicts about overlapping norms and rules and how - and with what consequences - such conflicts are handled. We therefore utilize the concept of “interface conflicts” (ICs) in which two or more actors express positional differences over the scope or prevalence of different international norms. Building on the findings of the DFG research group OSAIC, we introduce the Interface Conflicts 1.0 dataset, which assembles information on 78 ICs. The dataset provides information on the actors and norms at stake in ICs and focuses specifically on their subsequent handling. It distinguishes co-operative from non-cooperative conflict management and codes the institutional as well as distributional outcomes of all management efforts.
The growing density of interactions between spheres of authority in global governance puts pressure on traditional legal structures. It challenges the traditional separation of domestic and international legal orders in favour of greater linkages and routine interaction, but it also drives strategies of distancing where greater integration had been the norm, as in the field of public international law. These dual pressures are likely to produce new configurations on both the formal and the substantive side of the interfaces between normative orders and they may drive relations between layers of law in the direction of greater enmeshment rather than formal separation or simple unity. This project seeks to analyze these new configurations both empirically and from a theoretical angle. It aims at illuminating how the interactions between (formal and informal, public and private) spheres of authority in the global order are reflected in the theory and practice of law, using the issue area of global economic governance as an example and focusing on six jurisdictions - Germany, the UK, the US, Brazil, India and China - to inquire into the ways in which conflicts between different layers of law (and informal norms) are processed in judicial, quasi-judicial and regulatory settings. The project adopts two main foci. First, it seeks to trace the character of the interface norms at play - the way they reflect conceptions of identity and difference between spheres of authority. Secondly, the project is interested in the substantive content of the interface norms - the normative expectations they contain for the relations between authority spheres - and the indications this gives for a broader account of the governing norms of global law. In a second pillar, the findings on these two dimensions will be used to advance our theoretical understanding of the postnational legal order. As the unity and closure of (national and international) legal orders is challenged as a result of greater proximity, guiding concepts of legal theory such as sources, system, and coherence are likely to come under pressure. Using historical insights as a contrast, the project seeks to work towards a theoretical account of a pluralist, yet enmeshed postnational legal order in which interfaces between different bodies of norms take a central place. This project forms part of the OSAIC project (Overlapping Spheres of Authority and Interface Conflicts in the Global Order, www.osaic.eu).