Transnational Health Law Beyond the Private/Public Divide

The Case of Reproductive Rights

Bibliographic Data

ID11449297
AuthorsAtina Krajewska (0000-0001-9096-1056, Birmingham Law School University of Birmingham Edgbaston Birmingham B15 2TT England, corresponding author)
Year2018
Volume45
IssueS1
Publication date2018-07-01
Open AccessYes
TypeARTICLE
VenueJournal of Law and Society (JOURNAL)
Journal identifiersISSN: 0263-323X • E-ISSN: 1467-6478
PublisherWiley (PUBLISHER • GB)
DOI10.1111/jols.12111
OpenAlexW2883994683
LanguageEN
Citations received2
References cited5

This article revisits the debates concerning the nature and patterns of development of transnational law and global constitutionalism, looking at the rapidly growing field of transnational health law. It first highlights a friction between two opposing theories of transnational law, which view it as either a predominantly private or a predominantly public construction. It goes on to argue that these two views need not necessarily be seen as exclusive and diametrically opposed, but as two distinct, yet interrelated, aspects of the same process in which legal subjectivity is established in transnational law. The article studies the emergence of legal subjectivity in the area of transnational law regulating assisted reproduction technologies, and maps the two different conceptions of transnational law onto different stages in the process by which new subjects become legally visible. It contributes to wider discussions concerning the nature of transnational law, transnational health law, and legal subjectivity

Constitutionalism · Epistemology · Political science · Politics · Private law · Public law · Reproduction · Sociology · Subjectivity · Biomedical Ethics and Regulation · Law · Patient Dignity and Privacy · Reproductive Health and Technologies

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