Internationalization of Law: Diversity, Perplexity, Complexity

Proceedings of the Annual Meeting-American Society of International Law, Annual 2012 | Go to article overview

Internationalization of Law: Diversity, Perplexity, Complexity


It is a real pleasure to visit with old friends like Justice Stephen Breyer--whom I wish to thank for his kind introduction--and to make new friends at this lovely event.

It is also a great honor to receive this recognition from WILIG, the Women in International Law Interest Group of the American Society of International Law, at this Annual Meeting devoted to "Confronting Complexity." I draw from this honor strong support for my own writings, which reflect the non-compartmentalized--some might even say non-academic--way that I look at today's legal world. As one of my colleagues put it in French, "Tu melanges tout"--"You mix everything up."

This is true. In my research, I mix up legal studies and other disciplines: in mathematics, I looked to the concept of "fuzzy logic" to help explain movements in legal pluralism. Meanwhile, looking at paintings by artists like Maria Elena Vieira da Silva, and listening to music by composers like my friend Pierre Boulez, I have found insights into the world order, and disorder. Still worse, I mix up different legal topics: criminal law, human rights law, the law of global public goods, environmental law, trade law, and labor law--also, laws relating to new technologies, such as the Internet and biomedicine. And I mix up different bodies of law (national, comparative, and international law), looking not only at the separate categories but also, and more importantly, the ways that these bodies of law interact. "Interaction"--that is the key word.

According to my observations, the current interaction of these bodies and topics constitutes a new phenomenon, which I call the "internationalization of law." The term is meant to describe a dynamic process, one that opens up legal systems and blurs the formerly entrenched borders between what is "internal" and what is "external."

In French, the term "internationalisation du droit" is also known by its acronym, "ID." And so the reseaux, or study networks, that I have established have been named Reseaux ID. (The Franco-American, Franco-Brazilian, and Franco-Chinese networks have met separately over the course of the last ten years; the first meeting of all three will take place April 10-12, 2012, in Paris.) But the term has a second, hidden meaning, given that "ID" also may stand for "imagination et droit." In fact, the same is true in English--"internationalization of law" invites the acronym "IL," which in turn may stand for "imagination and law."

But how does international law develop? And why is imagination necessary?

My starting point, like that of the statement describing the theme of this Annual Meeting, is contemporary reality. I fully agree with that theme statement, as it describes this reality as "confoundingly complex" and "marked by rapidly evolving technologies, increasing global warming, rising population, and deepening our understanding of science and environment." As an indirect way to examine the question "Is law capable of responding to the challenges of complexity?", I propose three words that summarize--even sonorize, as if making a song--my answers. They are "diversity," "perplexity," and "complexity." To grapple with diversity--as we must, in my view, because it is the best way to avoid hegemony--and to solve perplexity--a solution necessary because of the risks of disorder--we must introduce, into law itself, complexity. And that is why we need imagination.

Let me discuss each of these concepts in turn.

DIVERSITY

Internationalization of law generates more diversity everywhere in the sphere of justice. I will focus on two aspects: the diversity of legal orders and the diversity of global actors.

Diversity of Legal Orders

Diversity of legal orders is not new; however, it is transformed by reference to different levels of organization, different fields of legislation, and different speeds of evolution.

The different levels of organization include the national, regional, and global legal orders. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Internationalization of Law: Diversity, Perplexity, Complexity
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.