What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law

My aims in this paper are twofold. First, to demonstrate that, contrary to appearances, the ‘coercion question’ does in fact arise in transnational legal contexts once we properly understand the different features of coercion. Second, to defend a sound conception of the Rule of Law which will lead us to the heart of the correct question concerning the Rule of Law, i.e. what is the grounding that enables us to understand how participants of a legal practice comply with regulations, rules, directives, and principles (RRDPs)? Legal philosophers tend to defend one model of the Rule of Law over another assuming the truth of a certain view on human action and without much defence of this assumption. The method that I propose in this paper is the opposite. I propose to put the horse before the cart, i.e. to explain how human beings comply with RRDPs. This explanation will pave the way to understanding coercion at the transnational level. I will also argue in favour of a thick conception of the Transnational Rule of Law. The methodology that I defend establishes that a sound understanding of the Rule of Law entails posing the correct question about the Rule of Law, i.e. how participants comply with the RRDPs of transnational law, and how law created by human beings is able to bind other human beings and guide them in their conduct.The thought is that if we understand this basic question, then we can understand how the Transnational Rule of Law operates and why it is necessary. Finally, I discuss some possible objections to this view