Seminar: ‘Collective action and emergent global legal orders’- Hans Lindahl (Tilburg University)
This paper is a draft chapter for an upcoming book with the working title Inside and Outside Global Law: Legal Authority and the Globalization of Inclusion and Exclusion. The book as a whole attempts to offer a comprehensive theory of emergent global legal orders that takes its cue from the problem of inclusion and exclusion, a problem which I approach from empirical, conceptual and normative perspectives. The draft chapter outlines a concept of legal order that, I hope, can serve three purposes: (1) identify the continuities and discontinuities between state law and emergent global legal orders; (2) understand why a wide range of emergent global legal orders amount to the globalization of inclusion and exclusion; (3) prepare the ground for addressing the fundamental question whether a global legal order that could include without excluding is at all thinkable and, if not (and so I am inclined to argue but have not made up my mind yet!), which normative concept of legal authority is available in a globalizing context.