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The 'Denationalization' of Transnational Relationships Regulation of Transnational Relationships by Public International Law, European Community Law and Transnational Law

Authors: Luus de Lima Pinheiro;

The 'Denationalization' of Transnational Relationships Regulation of Transnational Relationships by Public International Law, European Community Law and Transnational Law

Abstract

In the traditional approach, transnational relationships are always regulated in the sphere of a national legal order. A legal order has, among others, a normative dimension and an institutional dimension. From a normative point of view, transnational relationships are regulated in a national legal order when the rules and principles directly and immediately applicable are those that are in force in this legal order. From an institutional point of view, transnational relationships are regulated in a national legal order when the jurisdictions that apply the law to these relationships belong to the respective State. Because of this traditional approach, the sole plane of regulation taken into consideration is the one that corresponds to the national legal order. As far as the legal regulation of transnational relationships implies their insertion in national legal order, one may say that the transnational relationships are "nationalized". The present study has the purpose of demonstrating that this approach does not fit in with the present legal reality. Transnational relationships are also regulated independently of the mediation of a national legal order on the planes of Public International Law, European Community Law and Transnational Law.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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