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Transnational Force of Law

Objective

Global law is changing fundamentally. New forms of law creation, new modes of adjudication, and new enforcement mechanisms in the transnational constellation challenge our understanding of law as a state-based phenomenon. The attending boom in research on transnational law has significantly contributed to our understanding of its structure and functioning. However, existing normative accounts of transnational law often still rely on a conception of legal force that originates in the state or a polity. As a result, a distinctive and compelling normative theory of transnational law has yet to be realized.

TFL will fill this gap by developing a normative theory of transnational law based on a novel concept of the transnational force of law. This concept has two dimensions: In a descriptive sense, the transnational force of law accounts for the plurality of societal legal forces in the transnational legal arena, beyond public/private and state/non-state dichotomies. In its normative dimension, it requires a sophisticated normative foundation for all of these societal legal forces that takes into account polycentric claims for legitimacy, efficiency, and justice. This is what our normative theory of transnational law will provide.

This theory will be operationalized in three case studies on areas of transnational law where new forms of rulemaking coincide with a broad societal discussion on their normative foundation: financial markets (lex financiaria), internet governance (lex digitalis), and agricultural markets (lex agraria). The analysis will proceed in two steps: (1) descriptively, systemizing the respective transnational legal phenomena in terms of legislative, judicial, executive transnational legal forces, and identifying normative conflicts with human, societal and environmental spheres around normative claims for legitimacy, efficiency and justice; (2) normatively, developing ways to realize these demands within these legal arenas.

Fields of science (EuroSciVoc)

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Programme(s)

Multi-annual funding programmes that define the EU’s priorities for research and innovation.

Topic(s)

Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.

Funding Scheme

Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.

ERC-COG - Consolidator Grant

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Call for proposal

Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.

(opens in new window) ERC-2014-CoG

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Host institution

UNIVERSITAET BREMEN
Net EU contribution

Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.

€ 1 943 502,00
Address
Bibliothekstrasse 1
28359 Bremen
Germany

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Region
Bremen Bremen Bremen, Kreisfreie Stadt
Activity type
Higher or Secondary Education Establishments
Links
Total cost

The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.

€ 1 943 502,00

Beneficiaries (1)

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