The central question this module will address is how Transnational law will impact on the future of law making, supervision and enforcement of rules in globalised world of transnational business and markets.
Globalisation is a phenomenon that influences every aspect of society. This meant that legal frameworks and national regulation had to respond to an increasingly globalised world. In a globalised world where business is mostly done at transnational level, traditional national regulation is proving ineffective and as a result we have witnessed alternatives appearing, including from regional and international organisations but also from transnational market actors too. The law has emerged from its national setting and presents itself as transnational which has important implications for policy making. Students will be encouraged to reflect on the different mechanisms in place (past and present) as they apply on a transnational level.
The course aims to outline the challenges posed by globalisation and will seek to provide students with an understanding of how transnational law operates in a globalised world. This will be conducted by explaining how globalisation has forced law to leave its traditionally national framework and what challenges this posed for regulation and policy making. This course will seek to provide students with a strong understanding of the different modes of supervision the different sources of law and the various mechanisms of enforcement. This will be achieved by providing theoretical and practical responses to globalisation. Whilst setting out the relevant theories, the focus of this course will be on the practical application.
The theories of regulation, enforcement and supervision will not be dealt with in great detail. Rather students will be encouraged to reflect on the different mechanisms in place (past and present) as they apply on a transnational level. Whereas regulation normally has a national or limited regional law basis, this is not what students will be looking at, they will be asked to think about options for future governance of market actors in a globalised world using transnational law.
The course will provide students with the theoretical and practical understanding of how transnational law in a globalised world works and what potential responses could be adopted to ensure effective governance.
7,500 word course essay