Transnational Law. Approaches and (Commercial) Origins
Transnational Law. Approaches and (Commercial) Origins

Summary/Abstract: Transnational law, hereinafter ‘TL’, be it a real dream or a dreamed reality, is to be outlined in the light of some approaches and its origins. The paper addresses 3 (three) approaches of TL: the ideological approach (Section 1), the operative approach in its academic dimension (Section 2), respectively the operative approach in its non-academic and practical approach (Section 3). Furthermore, the paper addresses the private (and) commercial origins of TL (Section 4). In the first quarter of the 21st century, TL deployed its evolutionary nature. In order to deeply contemplate in future papers the stages of such TL’s evolutionary nature, the paper is suggesting for the time being a ‘Back to the origins of TL itself!’ demarche. It might be a chance to properly contemplate also in future papers the progressive nature of the transnational normativity itself, be it hard or soft. Such latter nature is permanently nurtured by the relationships evolved within the so-called ‘world society’. At least in the last 50-60 years, the world society detached the nations from the States themselves and from the Westphalian logic familiar with the nation-States only. The final remarks allow seeing, even briefly, that the newest TL, if any, amounts, at least in its commercial dimension, to TL in its oldest version of commercial dimension itself (Section 5). The so-called ‘circle, if any, of TL’ in its commercial dimension is fully and perfectly closed; the newest and the oldest lex mercatoria are sharing the same core idea - that is the worldwide merchant’s common sense in doing business.

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