Law without the state

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Law without the state (also called transnational stateless law, stateless law, or private legal orderings) is law made primarily outside of the power of a state.

Such law may be established in several ways:


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A multinational corporation (MNC) – also called a multinational enterprise (MNE), transnational enterprise (TNE), transnational corporation (TNC), international corporation, or stateless corporation, with subtle but contrasting senses – is a corporate organization that owns and controls the production of goods or services in at least one country other than its home country. Control is considered an important aspect of an MNC to distinguish it from international portfolio investment organizations, such as some international mutual funds that invest in corporations abroad simply to diversify financial risks. Black's Law Dictionary suggests that a company or group should be considered a multinational corporation "if it derives 25% or more of its revenue from out-of-home-country operations".

A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".

Global governance refers to institutions that coordinate the behavior of transnational actors, facilitate cooperation, resolve disputes, and alleviate collective action problems. Global governance broadly entails making, monitoring, and enforcing rules. Within global governance, a variety of types of actors – not just states – exercise power. Governance is thus broader than government.

Polycentric law is a theoretical legal structure in which "providers" of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. Devolution of this monopoly occurs by the principle of jurisprudence in which they rule according to higher law.

A non-state actor (NSA) is an individual or organization that has significant political influence but is not allied to any particular country or state.

<span class="mw-page-title-main">Global justice</span> Issue in political philosophy

Global justice is an issue in political philosophy arising from the concern about unfairness. It is sometimes understood as a form of internationalism.

<span class="mw-page-title-main">Stateless society</span> Society lacking state-like organization

A stateless society is a society that is not governed by a state. In stateless societies, there is little concentration of authority; most positions of authority that do exist are very limited in power and are generally not permanently-held positions; and social bodies that resolve disputes through predefined rules tend to be small. Different stateless societies feature highly variable economic systems and cultural practices.

<span class="mw-page-title-main">Law of South Africa</span> Legal system of the Republic of South Africa

South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans. These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1997 its replacement, the final Constitution, another strand has been added to this weave.

<span class="mw-page-title-main">Sociology of law</span> Sub-discipline of sociology relating to legal studies

The sociology of law, legal sociology, or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintaining interdependence, and constituting themselves as sources of consensus, coercion and social control".

Transnational citizenship is a political concept which would redefine traditional notions of citizenship and replaces an individual's singular national loyalties with the ability to belong to multiple nation states, as made visible in the political, cultural, social and economic realms. Unlike national citizenship, where individuals interact in such capacities with one sovereign state, transnational citizenship transcends pre-established territorial boundaries in order to create a modern meaning of "belonging" in an increasingly globalized society. Additionally, while preconceived notions of citizenship are often divided between national, social and individual forms of identity, all three categories serve to contribute to the meaning of transnational citizenship. State citizenship can be defined as an individual establishing their sense of belonging by espousing to the liberal-democratic values of the state in the public sphere. When applied to transnational citizenship, an individual would have the opportunity to be civically engaged in multiple societies.

Human rights in Kuwait are a topic of significant concern. Most notably, Kuwait's handling of the stateless Bedoon crisis has come under substantial criticism from international human rights organisations and the United Nations. Kuwait has the largest number of stateless people in the entire region. Kuwait also faces significant criticism for the human rights violations against foreign nationals, women, and LGBT people. Although Kuwaiti law theoretically pledges to protect all human rights; the enforcement mechanisms designed to help protect human rights are very limited in Kuwait.

Transnational crimes are crimes that have actual or potential effect across national borders and crimes that are intrastate but offend fundamental values of the international community. The term is commonly used in the law enforcement and academic communities. Transnational organized crime (TOC) refers specifically to transnational crime carried out by crime organizations.

International law is the set of rules, norms, and standards generally recognized as binding between states. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in that it is primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. States may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war.

Africa's fifty-six sovereign states range widely in their history and structure, and their laws are variously defined by customary law, religious law, common law, Western civil law, other legal traditions, and combinations thereof.

A transnational marriage or international marriage is a marriage between two people from different countries/races. It can either be a marriage between two people of the same race from two different countries living in the same country or marriage between two people from two different countries of different races.

<span class="mw-page-title-main">Law</span> System of rules and guidelines, generally backed by governmental authority

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

<span class="mw-page-title-main">Gregory Shaffer</span> International Law legal scholar

Gregory Shaffer is the Chancellor's Professor of Law at the University of California, Irvine School of Law, and President-Elect of the American Society of International Law. He is known for his work on international law, with a specialization on international trade law, and law and globalization.

In political ecology and environmental policy, climate governance is the diplomacy, mechanisms and response measures "aimed at steering social systems towards preventing, mitigating or adapting to the risks posed by climate change". A definitive interpretation is complicated by the wide range of political and social science traditions that are engaged in conceiving and analysing climate governance at different levels and across different arenas. In academia, climate governance has become the concern of geographers, anthropologists, economists and business studies scholars.

Investor–state dispute settlement (ISDS), or an investment court system (ICS), is a set of rules through which countries can be sued by foreign investors for certain state actions affecting the investments (FDI) of that investor by that state. This most often takes the form of international arbitration between the foreign investor and nation. For the rules to be effective, they must have been agreed upon between the states concerned.

<span class="mw-page-title-main">Indigenous Peoples' Rights Act of 1997</span> Philippine law

The Indigenous Peoples' Rights Act of 1997 (IPRA), officially designated as Republic Act No. 8371, is a Philippine law that recognizes and promotes the rights of indigenous cultural communities and indigenous peoples in the Philippines.

References

  1. Berman, Harold J. (1983). Law and Revolution: the Formation of the Western Legal Tradition.
  2. Emily Kadens, 'Myth of the Customary Law Merchant' (2011) 90 Texas Law Review 1153.
  3. van Schooten, H.; Verschuuren, J. (2008). International Governance and Law: State Regulation and Non-state Law. Cheltenham: Edward Elgar Publishing.
  4. JC Bekker Seymour's Customary Law in Southern Africa 5 ed (1989).
  5. Schultz, Thomas (2014). Transnational Legality: Stateless Law and International Arbitration. Oxford University Press. doi:10.1093/acprof:oso/9780199641956.003.0004.
  6. Schultz, Thomas (2007). "Private legal systems: what cyberspace might teach legal theorists". Yale Journal of Law and Technology . 10 (151).
  7. Chartier, Gary (2012). "Anarchy and Legal Order: Law and Politics for a Stateless Society". Notre Dame Philosophical Reviews.
  8. Rechtsanwälte Kotz GbR. "Law Across Diverse Legal Domains" . Retrieved 2024-02-05.