The chapter proposes the concept of transnationality both in a methodological and normative sense as an appropriate approach to enhance the guarantee of the right of access to justice. It conceptualizes transnational access to justice not merely as access to courts in transnational disputes, but as a way of increasing the efficiency of domestic and international access and the justice of outcomes through transnational instruments. Acknowledging that barriers to access are reinforced in cross-border cases, the chapter suggests principles of transnational access to justice to ensure its dual function: as a tool to reinforce legality and as a mechanism to channel demands for legal and social transformation. Additionally, it explores various instruments that draw on transnationality to strengthen the right to access to justice.

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Legal Transnationality and Access to Justice

  • Isabel Turégano

摘要

The chapter proposes the concept of transnationality both in a methodological and normative sense as an appropriate approach to enhance the guarantee of the right of access to justice. It conceptualizes transnational access to justice not merely as access to courts in transnational disputes, but as a way of increasing the efficiency of domestic and international access and the justice of outcomes through transnational instruments. Acknowledging that barriers to access are reinforced in cross-border cases, the chapter suggests principles of transnational access to justice to ensure its dual function: as a tool to reinforce legality and as a mechanism to channel demands for legal and social transformation. Additionally, it explores various instruments that draw on transnationality to strengthen the right to access to justice.