This Special Issue of the Goettingen Journal of International Law (GoJIL) deals
with the theme of The Law Behind Rule of Law Transfers. Transfers of the rule
of law between legal orders have been studied extensively in academia. Yet, so
far scholarship has, in this regard, predominantly centered around the socio-
political questions.
There is, however, more to explore. The GoJIL Special Issue, therefore, departs
from common scholarly paths and intends to assess and explain rule of law
transfers as a legal phenomenon, applying a particular doctrinal perspective. Such
an analytical perspective is based on the assumption that rule of law transfers do
not only consider the law but, although being ontological processes, encompass
a legal dimension themselves.
The following introduction will establish the theoretical basis on which such
a legal approach shall be carried out. Four arguments will be developed: First,
that there exists a plurality of state and non-state legal orders which interact on
a global scale (A.). Second, that one particular way of such interaction is the
transfer of legal items between legal orders (B.). Third, that the rule of law, as
a fundamental legal concept, is such an item and subject to legal transfers (C.).
And fourth, that – without doubting the influence of many social and political
factors – the law itself plays an underestimated role with respect to rule of law
transfers in the global plurality of legal orders (D.). Subsequently, the wide range
of legal perspectives on the topic of rule of law transfers contained in this special
issue shall briefly be outlined (E.).