The private life of transnational law: Reading Jessup from the post-colony

Singh, Prabhakar (2020) The private life of transnational law: Reading Jessup from the post-colony. In: The Many Lives of Transnational Law Critical Engagements with Jessup's Bold Proposal. Cambridge University Press, Cambridge, pp. 419-440. ISBN 9781108780582

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Jessup’s Transnational Law challenges the state as the sole maker of international law. Nevertheless, the doctrine of transnational law advocated for the disrobing of the newly gained sovereignty in Asia and Africa. American corporate lawyers used transnational law to expand their international commercial arbitration practice. Next, in disputes arising from the expropriations by new states of property acquired from concession contracts investors found transnational law profitable. Effectively, Transnational Law, restoring a colonial status quo, facilitated the post-war internationalization of contracts to develop the law of economic protection of aliens. It wantonly focused far too much on “contracts” forgetting conveniently its “concessional” nature. The doctrine of transnational law grew from the McNair-Lauterpacht School of thought that “exploited ungrudgingly and to the full” the “rules” of “private law for the purpose of the development of international law”. The Suez crisis inaugurated the American lawyer's putting of transnational law into practice.

Item Type: Book Section
Keywords: Decolonization | Postcolony | Third word | Arbitration | Contracts | Treaties
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 08 Jun 2022 06:28
Last Modified: 08 Jun 2022 06:28
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