The Limits of Transnational Law

A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

This 2010 examination of the limits of transnational law in the context of refugee law in Europe explores how cultural and rational factors impact on transnational judicial dialogue and analyses the implications for the development of a Common European Asylum System and for international refugee law.State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.