TY - JOUR

T1 - A Theoretical Introduction and Legal Perspective on Rule of Law Transfers

AU - Holterhus, Till Patrik

PY - 2018/12/23

Y1 - 2018/12/23

N2 - This Special Issue of the Goettingen Journal of International Law (GoJIL) dealswith the theme of The Law Behind Rule of Law Transfers. Transfers of the ruleof law between legal orders have been studied extensively in academia. Yet, sofar scholarship has, in this regard, predominantly centered around the socio-political questions.There is, however, more to explore. The GoJIL Special Issue, therefore, departsfrom common scholarly paths and intends to assess and explain rule of lawtransfers as a legal phenomenon, applying a particular doctrinal perspective. Suchan analytical perspective is based on the assumption that rule of law transfers donot only consider the law but, although being ontological processes, encompassa legal dimension themselves.The following introduction will establish the theoretical basis on which sucha 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 ona global scale (A.). Second, that one particular way of such interaction is thetransfer of legal items between legal orders (B.). Third, that the rule of law, asa fundamental legal concept, is such an item and subject to legal transfers (C.).And fourth, that – without doubting the influence of many social and politicalfactors – the law itself plays an underestimated role with respect to rule of lawtransfers in the global plurality of legal orders (D.). Subsequently, the wide rangeof legal perspectives on the topic of rule of law transfers contained in this specialissue shall briefly be outlined (E.).

AB - This Special Issue of the Goettingen Journal of International Law (GoJIL) dealswith the theme of The Law Behind Rule of Law Transfers. Transfers of the ruleof law between legal orders have been studied extensively in academia. Yet, sofar scholarship has, in this regard, predominantly centered around the socio-political questions.There is, however, more to explore. The GoJIL Special Issue, therefore, departsfrom common scholarly paths and intends to assess and explain rule of lawtransfers as a legal phenomenon, applying a particular doctrinal perspective. Suchan analytical perspective is based on the assumption that rule of law transfers donot only consider the law but, although being ontological processes, encompassa legal dimension themselves.The following introduction will establish the theoretical basis on which sucha 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 ona global scale (A.). Second, that one particular way of such interaction is thetransfer of legal items between legal orders (B.). Third, that the rule of law, asa fundamental legal concept, is such an item and subject to legal transfers (C.).And fourth, that – without doubting the influence of many social and politicalfactors – the law itself plays an underestimated role with respect to rule of lawtransfers in the global plurality of legal orders (D.). Subsequently, the wide rangeof legal perspectives on the topic of rule of law transfers contained in this specialissue shall briefly be outlined (E.).

KW - Law

U2 - 10.3249/1868-1581-9-1-holterhus-introduction

DO - 10.3249/1868-1581-9-1-holterhus-introduction

M3 - Journal articles

VL - 9

SP - 7

EP - 33

JO - Goettingen Journal of International Law

JF - Goettingen Journal of International Law

SN - 1858-1581

IS - 1

ER -