​​Rise of Trans-nationalism

For past few decades, arguments for a global form of govt continue.  Trans-nationalism, globalization, interdependence, universal jurisdiction, global rules and evolving norms of intl law are in vogue.  Global governance in legal systems would subordinate US courts to intl courts, such as EU courts over national courts in EU.  This challenges traditional concepts of US citizenship, national identity and intl law.

Re American history, trans-nationalists want to change the curriculum to diminish the emotional attachment to national identity and American way of life.


Growing inadequacy of nation centered citizenship, so must become denationalized, and new forms of citizenship that exceed nations are needed.

So the agenda is to trans-nationalize American history, diminish US national identity, promote multiple citizenship as a repudiation of civic nationalism. 

New intl law is frontal assault on sovereignty as the organizing principle of the intl system.   Sovereignty is the necessary predicate of self-government. 


​​Two major concepts of intl law have emerged, customary intl law and theory of universal jurisdiction.

Intl law grew out of habitual behaviors between nations.  Piracy and slavery were outlawed. Over time, a practice became part of intl law, resting on the relationships between nations.  UN resolutions are often attempts to codify actions against some nations such as declaring death penalty wrong, or systemic racism as a problem and global governance is the solution.  Universal jurisdiction has the risk of substitution of tyranny of judges v govt.  

THE EU: model of global governance EU model of progress is economic integration followed by judicial and political arenas.  Ongoing conflict between two forces, the inter-govt group as an intl organization serving interests of member states and federalists favoring politically integrated EU to which member states sometimes subordinate their interest to EU institutions.  Conflict between demo sovereigntists v trans-nationalists   EU transformed from intl org of nation states to an integrated scheme enabling a larger authority to exercise rule over nation states sovereignty.  EU leaders, judges, politicians, corporate leaders, social activists allowed this to happen.  One reason is the belief in ideals of peace, harmony universal law, rejection of ​nationalism in all forms.  And it created endless work for many.  National judges sought to increase power:

-first, in relation to natl  legislatures

-second in relation to other judicial bodies,

-third, judges have power to promote certain substantive policies not law

The Maastrich treaty of 1990 ceded authority to EU burocrats in areas of national economic policy, social policy (labor, employment, discrimination issues, public health, consumer protection, energy, education, vocational training), transportation, environment, and country planning.  Based upon surveys, it is estimated by UK and other EU countries that 55-60% of laws annually are initiated by EU institutions, not the sovereign nation states.  Euro-skepticism covers issues such as:

--concern for loss of natl identity and culture due to EU integration  

--distrust of EU institutions

--personal utilitarianism---the person has not materially benefited from EU

As nations diminish in control of domestic issues, free speech on political, cultural and public policy issues is being curtailed. Now the EU as an institution is vital component of global govt versus democratic sovereignty.  Transnational Progressivism (continue)