Andreas Maurer

Transnational Law in the Making: Participation as a Means of Legitimization in the Transnational Sphere

Abstract:
More than 50 years after Philipp Jessup has coined the phrase “transnational law”, the existence of a “global law without the state” (Teubner) still is widely disputed. Critics of the concept of transnational law have always criticized the lack of (democratic) legitimization of transnational law. During the last years, the issue of legitimization has been addressed by a number of legal scholars. Different approaches seem to identify participation as a concept which is capable of serving as a source of legitimacy for transnational law. This approach will be unfolded and illustrated with the example of maritime law. It is an interesting fact in maritime law that private organizations draft and distribute standard contracts forms which are not only based on individual interests of one of the contracting parties. In fact many stakeholders in the maritime industry participate in the drafting processes of such contract terms. It is my thesis that this kind of participation creates normativity and therefore is one basis for the legitimation of transnational law.