Brief History of Transnational Law
1. Introduction: What is Transnational Law?
Transnational law refers to legal rules and regulations that go beyond the borders of one
country. It is different from traditional legal systems, which mainly focus on either domestic
law (laws within a country) or public international law (laws between countries).
To understand transnational law, we need to look at the history of how law developed in
Europe, especially after the creation of the modern state.
2. The Rise of Modern Law and the Westphalian System
The Birth of the Modern State (15th Century)
The idea of a modern state began to form in Europe in the 15th century.
By 1648, the Peace of Westphalia officially established the concept of independent states
with their own governments and laws.
This led to the creation of two main types of law:
, 1. Domestic Law – Laws within a single country.
2. Public International Law – Laws governing relationships between different countries.
These two legal systems together became known as the "Westphalian Duo."
3. The Strengthening of the Westphalian Duo
Napoleon and the French Civil Code (1804)
The French Code Civile (Code Napoléon) of 1804 strengthened the idea that each country
should have a single, unified set of laws.
This reinforced the belief that law should be strictly divided into domestic law and public
international law.
By the 19th century, these two types of law became the standard way of studying and
practicing law in Europe.
20th Century: The Dominance of the Westphalian Duo
Legal scholars such as Hart, Rawls, Dworkin, Kelsen, and Raz continued to focus only on
domestic and public international law.
Other legal systems that did not fit into this framework were largely ignored.
1. Introduction: What is Transnational Law?
Transnational law refers to legal rules and regulations that go beyond the borders of one
country. It is different from traditional legal systems, which mainly focus on either domestic
law (laws within a country) or public international law (laws between countries).
To understand transnational law, we need to look at the history of how law developed in
Europe, especially after the creation of the modern state.
2. The Rise of Modern Law and the Westphalian System
The Birth of the Modern State (15th Century)
The idea of a modern state began to form in Europe in the 15th century.
By 1648, the Peace of Westphalia officially established the concept of independent states
with their own governments and laws.
This led to the creation of two main types of law:
, 1. Domestic Law – Laws within a single country.
2. Public International Law – Laws governing relationships between different countries.
These two legal systems together became known as the "Westphalian Duo."
3. The Strengthening of the Westphalian Duo
Napoleon and the French Civil Code (1804)
The French Code Civile (Code Napoléon) of 1804 strengthened the idea that each country
should have a single, unified set of laws.
This reinforced the belief that law should be strictly divided into domestic law and public
international law.
By the 19th century, these two types of law became the standard way of studying and
practicing law in Europe.
20th Century: The Dominance of the Westphalian Duo
Legal scholars such as Hart, Rawls, Dworkin, Kelsen, and Raz continued to focus only on
domestic and public international law.
Other legal systems that did not fit into this framework were largely ignored.
