Transnational Legal Process and State Change
Article first published online: 22 NOV 2011
© 2011 American Bar Foundation.
Law & Social Inquiry
Volume 37, Issue 2, pages 229–264, Spring 2012
How to Cite
Shaffer, G. (2012), Transnational Legal Process and State Change. Law & Social Inquiry, 37: 229–264. doi: 10.1111/j.1747-4469.2011.01265.x
- Issue published online: 8 MAY 2012
- Article first published online: 22 NOV 2011
This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize these factors into three clusters. Fourth, we introduce four empirical studies of transnational legal processes' differential effects in five regulatory areas in Asia, Africa, and South America that illustrate these points. Together, they provide a guide of how to study the interaction of transnational and national legal processes, and the extent and limits of transnational legal processes' effects.