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concept of legal orders

Leiden Journal of International Law (1)

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Intertwinement of Legal Spaces in the Transnational Legal Sphere
DANA BURCHARDT
Journal:

Leiden Journal of International Law / Volume 30 / Issue 2 / June 2017

Published online by Cambridge University Press:

15 February 2017, pp. 305-326

Print publication:

June 2017
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This article analyzes the interactions between norms formally stemming from different orders and regimes so as to demonstrate how and to what extent the legal spaces composing the transnational legal sphere are intertwined. Furthermore, it addresses the consequences of the intertwinement and suggests a fresh approach to the traditional concept of legal orders: it stresses a norm-centered rather than system-centered understanding of the transnational legal sphere. It argues for a norm-based strategy in order to understand the phenomenon of intertwinement, analytically deducing the relationship of the legal orders from the relationship of the legal norms.