Transnational Legal Process

E259192

Transnational Legal Process is a theory in international law that explains how states and other actors internalize international norms through repeated interaction, interpretation, and enforcement across national and international forums.

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Statements (49)

Predicate Object
instanceOf legal theory
theory of international law
appliedIn U.S. foreign relations law
environmental law
human rights law
international economic law
associatedWith Harold Hongju Koh
contrastsWith realist theories of international relations
strictly consent‑based views of international law
developedBy Harold Hongju Koh
emphasizes dynamic, ongoing legal processes
interaction between international and domestic law
norm internalization within domestic legal systems
practice‑based understanding of international law
repeated interactions across national and international fora
role of non‑state actors in international law
explains how international norms become part of domestic law
patterns of state compliance with international obligations
field international law
focusesOn enforcement of international norms
interaction among state and non‑state actors
internalization of international norms
processes of interpretation of international law
hasKeyPublication Transnational Legal Process self-linksurface differs
surface form: Harold Hongju Koh’s article "Transnational Legal Process" (1996)
includesElement enforcement
interaction
internalization
interpretation
normInternalizationOccursThrough bureaucratic practice
executive branch practice
judicial decisions
legislative action
social and political pressure
originatedIn late 20th century
recognizesActor individuals
international organizations
non‑governmental organizations
states
transnational networks of lawyers and activists
relatedConcept compliance with international law
legal process theory
norm internalization
transnational public law litigation
transnationalism
supportsView that domestic institutions shape international legal norms
that international law influences domestic decision‑making
usedToAnalyze U.S. compliance with international human rights norms
evolution of customary international law
viewsInternationalLawAs a process rather than a static set of rules

Referenced by (3)

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Harold Hongju Koh notableWork Transnational Legal Process
Transnational Legal Process hasKeyPublication Transnational Legal Process self-linksurface differs
this entity surface form: Harold Hongju Koh’s article "Transnational Legal Process" (1996)