L’impatto delle dinamiche transnazionali sui sistemi normativi. Considerazioni introduttive

di Paolo Passaglia

SOMMARIO: 1. Il diritto transnazionale: una lettura destrutturante. – 2. La concezione del webinar. – 3. Un punto di vista da cui cercare di cogliere la complessità delle dinamiche in atto.

The paper introduces the topics that will be analyzed in the papers included in the section. These papers were presented during the webinar of 23 October 2020 entitled “The impact of transnational dynamics on regulatory systems”. In this introductory paper, the difficulty of defining the concept of “transnational law” is exposed. It is highlighted, in particular, how this concept suffers the competition of the notion of “global law” and how, in practice, the rules that are included in the so-called transnational law are very diverse. Moreover, not all rules can be defined as legal rules.
In order to suggest topics and arguments for the debate, the paper also proposes a classification of transnational rules based on three criteria: the transnationality deriving from the object of the regulation, the transnationality deriving from the author, the transnationality resulting from the circulation of rules.
Finally, some of the difficulties that lawyers encounter in framing the transnational rules are set out.