I have a short paper out on ‘Pluralism in International Law and Beyond’, which outlines the idea of legal and constitutional pluralism for international law and law beyond the state more generally. This takes further my work on this idea over the last years, especially in the direction of informal legalities. It will appear, in a revised version, in a volume on Fundamental Concepts in International Law, edited by Jean d’Aspremont and Sahib Singh. The abstract is below, the full text is on SSRN. Comments welcome!
Abstract: Processes of globalization are putting pressure on traditional conceptualizations of international law, and especially of its relation with domestic law and transnational norms of an informal kind. As the proximity of these different orders grows and they spur increasingly overlapping claims to authority, pluralism has become a prominent paradigm for understanding the global legal order and for guiding its development. This short overview paper traces the rise of the pluralist paradigm, its different variants and normative concerns about them, as well as some broader implications it holds for the study and practice of law.