Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Florian Rödl
    Democratic Juridification Without Statisation: Law of Conflict of Laws Instead of a World State
    in Transnational Legal Theory , vol. 2, issue 2 ,  2011 ,  193-213
    For some time now, conceptual designs for statal unity over and above the nation state have been discussed not only in theory but also in politics, as a panacea for the problems faced by the old nation state in view of globalisation. This paper begins by restating a powerful criticism of this idea from a perspective of radical democracy articulated by Ingeborg Maus. However, if her point is taken seriously, transnational constitutional theory must develop an alternative to the nation state to cope with transnationalisation. The paper argues for a democracy-preserving 'law of conflict of laws'. But, as an analysis of the changed function of conflict of laws will show, such a conception has been marginal in conflict of laws as a legal discipline. Today, conflict of laws in its hegemonic articulation is even evolving towards becoming an anti-democratic tool to accelerate the commodification of the legal function.
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