2Increasing juridification of international politics 1 has situated public international lawyers as self-styled prime-movers in the design of a new normative ordering beyond the state. 2 The breaking of geo-political frames accompanying globalisation heralds new de-territorialised forms of 'fragmented sovereignty', 3 points to alternative scenarios of global ordering, draws attention to the rise of functional regimes, points to hybrid actors and private rule-making, and breathes new life into the recurring debate on the real nature of international law as law. 4 Beyond international law's traditional subjects, 5 it * Sciences-po Law School, Paris. horatia.muirwatt@sciences-po.org. The author expresses gratitude to the participants in the PILAGG workshop at both Harvard Law School (IGLP) and Sciences-po Law School for their helpful comments, to Columbia Law School for the welcome it extended to me as visiting faculty during the Spring Semester 2011, and to a NYU workshop devoted to the issues discussed in this paper in April 2012. Particular thanks to
The topic is examined, in a comparative perspective, by C. Rossello, Commercio elettronico. La governance di Internet tra diritto statuale, autodisciplina, autodisciplina, soft law e lex mercatoria, Milan, Giuffrè 2006 (especially chapter 1). 2 Council Directive 1985/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products. 3 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (and previously Directives 1975/439 on waste oils, 1975/442 on waste, 1978/319 on toxic waste).
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.