UC Irvine Journal of International, Transnational, and Comparative Law


If transnational law is defined as different from national law, then state law cannot be a transnational legal order (TLO). And yet, state law is in many ways as transnational as it ever has been. In presenting state law as a TLO, I present then a critique of the dichotomy between TLOs and the state, albeit a friendly one. I find, essentially, that states qualify as TLOs. If that is so then it follows that a theory of transnational orders should, in order to be defensible, be generalized as a theory of legal orders.