Transnational governance and law: Global security and socio-legal studies

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Abstract

Transnational law and regulation is pluralistic and often characterised by friction between multiple or conflicting regimes. It is an area where socio-legal studies can make a real difference in charting how global power is being enacted. This chapter outlines three key problem areas where one can observe the transnational security governance in action – Terrorism Financing; Foreign Terrorist Fighters; and Terrorism and Extremism Online. The regulatory tools used to govern transnational problems often bear little resemblance to the formal laws used by states, including international law. Terrorist financing is a paradigmatic trans-boundary collective action problem. If states fail to effectively co-operate in their efforts, there will be gaps in the transnational chain where financing of terrorism or potentially terrorist groups can flourish. The ‘foreign terrorist fighter’ threat is a paradigmatic transboundary security problem: a globally diffuse risk difficult to counter using conventional tools of national and international law.
Original languageEnglish
Title of host publicationThe Routledge Handbook of Law and Society
EditorsMariana Valverde, Kamari M. Clarke, Eve Darian Smith, Prabha Kotiswaran
PublisherRoutledge
Chapter10
Pages59-66
Number of pages8
Edition1
ISBN (Electronic)9780429293306
ISBN (Print)9780367234249
DOIs
Publication statusPublished - 4 Mar 2021

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