New Modes of Shaping Social Change?
Edited by Regine Paul, Marc Mölders, Alfons Bora, Michael Huber and Peter Münte
Chapter 6: Governing through transnational arrangements: the case of Internet domain allocation
Taking up the example of domain allocation on the Internet, the chapter demonstrates that a new form of governance through law is emerging beyond both national and international law. The example chosen may be unique in kind. However, it offers a paradigmatic instance from which to inductively draw some general conclusions about the evolution of governance, regulation and law under conditions of what is referred to as ‘globalization’ or differentiation of ‘world society’ in the social sciences. Transnational governance arrangements step in to fill a normative gap in the global realm. Although they result from societal self-organization, they are products of intentional decision-making, manifested in contracts and arbitration awards. In accordance with its aim to combine legal sociology, theory and philosophy, the chapter proceeds on three different, yet interlinked levels. Firstly, it describes how transnational governance arrangements are emerging and operating. Secondly, it analyses how these arrangements may be qualified with regard to the conventional categories of political and legal thinking. Thirdly, and finally, it tries to spell out criteria for the legitimacy of these arrangements.
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