The multiplication of authority spheres poses a particular challenge for the modern legal order. Built around ideas of unity, system and coherence, law encounters difficulties when forced to deal with norms and rules originating from multiple sources and origins. Traditionally, the law of the nation state approached this challenge through conflict and reception rules, which determined whether or not external norms were to have an internal effect. Yet this clear delineation has been called into question as the distance between different spheres of authority – especially national, transnational and international ones – has decreased and their regulatory goals and addressees have come to overlap. As law becomes ‘postnational’, it is under pressure to develop new mechanisms which are able to relate norms from multiple authority spheres to one another.
On this background, I ask how the legal relations of different spheres of authority are changing. The project proceeds from the hypothesis that the neat compartmentalization of legal orders might be giving way to greater permeability, in the form of enmeshment or even integration, and it is interested in the existence, degree and shape of this potential shift. Two main questions guide the inquiry, one substantive (what norms are used to navigate the relations of authority spheres?) and one formal (how are these relations framed as a matter of principle?). The empirical analysis of four issue areas of global governance will build upon a historical inquiry into the ways in which law dealt with multiplicity in earlier periods. Theoretically, the project aims to use these insights to better understand how law redefines itself as well as key notions such as system, coherence and bindingness, and whether and how elements of a ‘global law’ emerge from the mosaic of multiple orders.
This project, part of a collaborative effort with colleagues from political science and law in Berlin, builds on earlier work of mine on pluralism in postnational law, published in my book, Beyond Constitutionalism.