The Convergence and Contours of World Common Law: A Transnational Legal Research Framework

Abstract

The traditional paradigm of legal research, confined within the sovereign boundaries of nation-states, is increasingly inadequate in an interconnected world. This article posits the emergence of a "World Common Law" – not as a monolithic legal code, but as a dynamic and complex transnational legal order. This order is characterized by the convergence of legal principles, the harmonization of norms through international institutions, and the diffusion of legal reasoning across jurisdictions. The article begins by deconstructing the concept, distinguishing it from historical and theoretical notions of a global law and tracing its philosophical underpinnings from legal pluralism and constitutionalism. It then provides a detailed exploration of the primary drivers of this convergence, including economic globalization, the digital revolution, the rise of global challenges, and the critical role of non-state actors. A central contribution of this work is the proposal of a novel, comprehensive methodological framework for researching this World Common Law, which integrates doctrinal, comparative, empirical, and computational approaches. This framework is designed to systematically analyze the interplay between national courts, international tribunals, and non-state actors in the formation of transnational legal norms. The article further illustrates this framework through two in-depth case studies: the evolution of the Lex Mercatoria (Modern Law Merchant) in international commercial arbitration and the development of transnational human rights jurisprudence, with a specific focus on the right to a healthy environment. A dedicated section critically examines the significant challenges and critiques facing this nascent legal order, including jurisdictional fragmentation, democratic deficits, cultural hegemony, and enforcement gaps. The conclusion synthesizes the findings and proposes concrete future directions for research and practice, arguing that understanding and navigating the World Common Law is not merely an academic exercise but a critical competency for the 21st-century legal professional, policymaker, and global citizen.