
doi: 10.2139/ssrn.2949991
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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