Die Krone der Erschöpfung (German Edition)
Emigranten aus dem Dritten Reich in Deutschland nach Essays zu Ehren von Ernst Loewy. Eine Explorationsstudie zur Bedeutung des literarischen Wissens im Buchmarkt. Schuster, Ingrid, and Ingrid Bode, eds. Aspekte einer literarischen Beziehung. His books, confiscated and burned by the Nazis, had not been reissued, and the novels written in exile had found little or no response in postwar Germany. Only the monumental historical novel, November His last novel, Hamlet oder die lange Nacht nimmt ein Ende, on the other hand, written in , did not find a publisher until Contemporary writers of quite opposing artistic orientations, such as the expressionist Kasimir Edschmid pseud.
In part, this was also due to his association with Herwarth Walden — and his literary magazine, Der Sturm. His literary beginnings, however, also show many thematic and stylistic affinities with his contemporaries, Hugo von Hofmannsthal — , Carl Sternheim — , and Thomas Mann — Like the writers of this generation, he confronted and was deeply disturbed by the contradictions within turn-of-the-century society: Writers and artists alike became aware that old artistic forms no longer sufficed to represent this rapidly changing reality, and saw, furthermore, that a straightforward representation of reality was no longer sufficient to portray this changed world.
It revealed that the crisis was not just formal but extended to language and its conceptual framework, and the entire system of values. He bluntly proclaimed, for example, that it was ridiculous to ride the elevated train and listen to Haydn all in one breath. He contrasted Haydn, at that time the most popular representative of the classical heritage, to modern technology and science, such as the wireless telegraph or the newest research in immunology, and made clear that the arts could not afford to ignore these developments KS-1, Sports competed with older forms of entertainment, and the natural and social sciences began to intrude upon everyday life in unprecedented ways.
Berlin, the inexorably expanding metropolis, where he grew up, placed the young author at the center of these developments. Not surprisingly, his aesthetic vision evolved from these experiences in combination with the major social and intellectual influences of the time. Two traumatic experiences proved pivotal. These patterns remained remarkably constant throughout his turbulent life and, as we shall see, manifest themselves in his fiction and his critical and essayistic writings. Defiantly, he penned his first works beneath his school desk.
Not surprisingly, they spring from a variety of influences that the young author was absorbing at the time, including contemporary literature, philosophy, science, and even politics. Like so many others, she had come from the countryside, lost her position because of illness, and was now, after weeks of searching, at the point of losing hope and the consolation she had found in her Catholic faith, the Virgin Mary, and Jesus Christ.
He criticizes the feminine ideal found in modern literature as a gallery of flat, insignificant female characters. He also argues for more openness about sexual matters, a subject that others, including the playwright Frank Wedekind — and the playwright and novelist Arthur Schnitzler — , had taken up at that time as well. Bebel, too, acknowledged the importance of the physical nature of man. Instead of her struggle against economic ruin, Bertha is now battling a different evil — her sexual desire, awakened by a perfectly decent young man.
The reader last sees Bertha at the canal, leaning over the railing, and admitting to herself that she cannot conquer her sexual drive. Here, the manuscript breaks off. As stated earlier, Bebel and his optimistic outlook soon lost their relevance for the budding author, although he continued to profess certain sympathies for socialism.
Other motifs, however, retained their significance or increased in importance. In the writings of the next few years, the social world is almost entirely absent. They revolve around the tortured fantasies of an isolated protagonist, alternately contemptuous of or yearning for human companionship and love. He too longs for unity but finds nothing but division: He repeatedly laments that he has become a stranger to himself, that he is unlike the others, that he has touched the stars but is ultimately bound to the lowly earth.
He is without moorings and has recourse to no firm truth. Forever casting about within oppositions and contradictions, he admits: In his second short novel, Der schwarze Vorhang: There is now a clear separation between the narrator and the protagonist, Johannes, who, to be sure, is once again a dreamy, intellectual, and potentially creative young man in a state of almost complete social isolation and only dimly and guiltily aware of his body.
Detached from reality and society, he had resolved to leave all human entanglements — desires, yearnings, amazement — behind him and to reach instead for the free, proud, and cool heights inhabited by a few exceptional individuals like Zarathustra JR, His awakening sexuality, however, hurls him from his lofty heights into the lowly sphere of ordinary human beings.
And as before, it is not experienced as an enrichment and brings no happiness. In this novel, it is accompanied not only by feelings of guilt and resentment, but also by violent hatred toward the other sex. The solitary Johannes despairs over his realization that human beings may not rest within themselves, that they are split into man and woman, forever pushed beyond their boundaries toward a strange living thing JR, The strangers are of course the women. Because they are not readily available to him, he comes to see them as his female enemies. They are defined by their sex.
Unquestioningly and passively they are at one with life, displaying an instinctive and masochistic readiness to suffer and to sacrifice themselves. Thus, they are at the same time superior and inferior to men. As beings devoid of any intellectual curiosity or talent, they rank far below men. As beings who submit so easily to the laws of nature and life, however, they appear to transcend male limitations. Since women are so alien, men are afraid of them and their own male desires, and these fears gradually turn into hatred, sadism, and violence. The women, in turn, respond with masochism and admissions of shame over being born female.
Irene is the final victim. He torments her until she loses her peace, her laughter, and smile and eventually, in a reversal of the Penthesilea myth, murders her by sinking his teeth into her neck and drinking her blood. But even now, he feels pursued by the dead girl who has joined with the powers of nature: He feels compelled to complete his sacrifice, building a pyre and joining her in the flames in order to be with the powers of nature. For Irene, the perfect complement to Johannes, pleasure is coupled with fear and horror JR, , and her death is accompanied by feelings of ecstasy — On the intellectual and philosophical level, this pathetic story of sexual awakening represents a prevalent theme in turn-of-the-century literature.
In its various manifestations it appears as the dichotomy between art and life, between spirit and nature, between free will and 7 biological determinism. Johannes cannot overcome his suffering and feelings of guilt. Instead of strength and pleasure, he finds despair, and instead of fertility, he finds death and destruction. Further chipping away at human autonomy and self-worth was the idea that the world was governed by chance.
Earlier, Johannes had thought that the meaning of life was to be found in emulating the free and proud Zarathustra; now, however, he sees man at the mercy of chance and the meaning of life as insanity. Johannes met Irene purely by chance, and now she, also by chance, has to do penance for her sex, as well as for the fact that love between men and women is not possible. But chance does not rule the world without help. Many things ally themselves with it and give it power, especially words.
Language as communication was nothing other than the mutuality of worldviews. But language can neither alter nor grasp the world of reality I, Mauthner also writes of love, specifically the Liebestrieb, which can, in civilized persons, be triggered by the mere word Liebe I, From the beginning, then, the question of language was present. The solitary Johannes distrusts language.
At the same time, he is horrified at the certainty with which the others speak about people and things. But inside him nothing has changed JR, — Literature now had the task of dealing overtly with those matters that had been touched on but only generally and subliminally by German Classicism. The idealized hero striving for perfection, who is enriched and ennobled by the love of a woman, herself more akin to a priestess, muse, or angel than a human being, had lost his validity.
Instead, men and women alike were now portrayed according to their allegedly true nature, determined by their instincts, which, however, did not allow for a coming together in mutual understanding or passion. Love was nothing more than the drive for possession and domination, hatred, and envy. The various strands and themes do not necessarily come together and no attempt is made to reconcile them. At this point, they indicate his searching for new ways to grasp reality as he saw and experienced it.
Der schwarze Vorhang, like so many youthful works, is a patchwork of influences from various realms literature, psychology, philosophy, aesthetics and is replete with the desperation and hopelessness derived from personal experiences. It was first serialized in Der Sturm and finally appeared in book form with some revisions in 9 There is one more dimension that is common to all these early writings — madness.
Verleumdet hat man den Wahnsinn. Adonis, in the story bearing the same title, actually descends into madness and drowns himself, joined by his beloved JR, Finally, Johannes, in Der schwarze Vorhang, is a clear case of sexual pathology as set forth in the numerous studies of the time as well as in Freudian 11 psychoanalytic theory.
It made its way into literature generally in the form of characters displaying symptoms ranging from weak ego structures identities to severe mental illness and perversions. The pathological is presented as the intensification of the normal and therefore acceptable in artistic production. If the reality of madness had been slandered JR, 72 up to now, then it was time to acknowledge it in all its manifestations, without apology. The study of medicine and, in particular, his specialization in psychiatry had a decisive influence on his intellectual development, including his understanding of human nature and human relations.
It also had a marked bearing on his aesthetic intentions. He completed his medical degree in psychiatry in In the following years he pursued a career as a re12 searcher, first in psychiatry and subsequently in internal medicine. His training and subsequent research coincided with important developments in psychiatry, particularly the restructuring of the psychiatric classification system and the questioning of established methodology.
Paranoia, for example, was no longer defined as a condition completely at odds with reason and sanity. Der schwarze Vorhang, although written during his years as a medical student, was still indebted to turn-of-the-century psychopathological ideas. He neither abandoned nor rejected the insights gained from psychoanalytic theory, for they continued to inform his fictional writings, as many psychoanalytically 13 oriented interpretations reveal. But for some time, he felt that an understanding of the physiological rather than the psychic processes would be more rewarding: Chief among these was the relationship between art and reality.
The dialogues between the goddess Calypso and the musician she 15 held captive on her island are ostensibly about music, but many parts apply explicitly to literature and writing. Both the musician and Calypso agree that it is impossible to imitate a thing completely, and therefore reject mimesis as the guiding principle of art. Music, because it is the least imitative of the arts and therefore the freest, effectively illustrates their argument.
The musician sets up a hierarchy of arts, ranking the least mimetic at the pinnacle. Well down the hierarchy in descending mimetic order are painting, sculpture, and, without differentiation, drama, dance, and pantomime. Calypso goes one step further, placing the word just above music at the apex of the hierarchy, since the word bears no resemblance whatever to what it represents. In the dialogue between the musician and Calypso, we recognize the semantic problem raised in Der schwarze Vorhang. However, if art was so independent of reality, as the musician and Calypso imply, from where did it derive its meaning?
Again taking the example of music, the musician argues that the things themselves sound — by moving and reacting with each other they produce sound. Therefore, the world itself is the greatest musician. From this follows a new position: The artist should furthermore not attempt to interpret feelings but restrict himself to describing the emotions as they appear to the observer.
Music, the musician explains, has no knowledge of feelings, of hatred, pain, sorrow, defiance, anger, or love. Instead of a conceptual framework with which to explain and judge the world, he prefers to present it in its variety, richness, and contradictoriness: The era of authorial omnipotence was over; it was sufficient to consider and uncover relationships without seeking cause and effect.
The new approach permitted the artist to present the world in its multiplicity without having to hazard a conclusion nor worry about cause and effect. If, initially, the vitalistic Nietzschean worldview served to reduce the importance of the individual, his scientific training bolstered this position further. Scientific monism of course validated his deterministic perspective: Tief, aber anscheinend schwer lehrt der einfache Satz und seine Bescheidenheit, die kein Verzicht ist: It is man who recognizes relationships and draws comparisons, and the artist who represents them.
Music is composed of material sound , order rules , and reality. The musician combines sounds according to rules and imparts bits of reality, modeled after life, which the listener recognizes.
Die Geschichte vom Franz Biberkopf , the novel in which he reintroduced the explicit and knowing narrator Tewarson, Sachlichkeit 47— But they helped liberate him from the classical traditions, based on mimesis and Enlightenment thinking, that had lost their validity and meaning. Er ist keine Richtung, sondern eine Bewegung.
The stories 18 written during this time —11 illustrate his new attitudes. However, this designation and the fact that he referred to them as his children B I, 29 , indicate the importance they held for him. Most appeared individually in Der Sturm in and Subsequently, in , they were published as a collection under the title Die Ermordung einer Butterblume after the novella of the same title , and became famous as a pathbreaking example of Expressionist prose.
The stylistic changes are immediately apparent: Thematically, the texts now frequently undermine favorite nineteenthcentury literary motifs and scenarios as well as traditional male and female representations. Indeed, this struggle gives the otherwise diverse collection of twelve stories its unity. In some of the stories, it is presented as the tension between free will and biological determinism.
In others, it is imbued with a metaphysical dimension Stegemann 38— A comparison with his notations from the year at the insane asylum in Regensburg shows the great difference. In other words, the medical notations are not potential literary texts in nuce. They are the result of very specific poetic and philosophical intentions. There is not the slightest attempt to find a redeeming aspect to the pathetic characters, their meaningless lives, or the bizarre events or situations in which they are trapped.
This is especially true of those tales where pathological characters dominate. To these we shall turn our attention now. Bathed in white light reflected off the snow, she comes to the realization that she will die soon. She reacts to this certainty, the reader is led to infer, by falling into deep apathy, barely eating or talking, and retreating to her room, where she sits stiffly in a corner.
When the light fades, a white moon appears at her window, turning away only toward morning. The next night, however, as the white moon appears, he finds her window shrouded. At night, she moves to the edge of her bed, leaving a space, toward which she periodically reaches out expectantly. With the advancing springtime, she changes once again. She exchanges her black dress for a light blue blouse and white gloves and walks taller and with more bounce.
Humming and warbling to herself, she brings masses of spring flowers to her room, arranging them around the picture of the Madonna, but in such a way that her face is completely hidden. One night the long-awaited visitor, death, appears, but not as the imagined bridegroom. Instead, he is a brutal attacker, even a sex murderer Stegemann 97, Mit einem Satz schwang sich der Tod neben sie ins Bett. Da war ein Platz frei. Having devoted himself to beauty and the collection of previously functional art objects musical instruments, religious and ceremonial objects , he is not only unaware of the passing of his life but also of the sufferings he has caused others.
Moreover, death does not appear with terrifying cruelty. Nothing is revealed about her former life, possible psychological motivations, or social constraints. The reader, unassisted by the narrator, can only infer her emotional state from her behavior. But this allegedly neutral narrator is not quite absent and not quite uninvolved. Dignity was not what he had in mind for his character. One need only consider the almost entirely negative adjectives used to characterize her, as well as sentences such as the following: Death furthermore coincides with the return of spring.
She replaces the artificially propagated hyacinths in her room with fresh spring flowers. Her actions indicate her continued insistence on an individual fate. Black stands for life and its entanglements, white for nature and death, while gray, twilight and other pale colors indicate the transition from life to death. Only here, the protagonist, a heavy-set, forty-eight-year-old Brazilian named Copetta, welcomes death and actually seeks it out. After succumbing to a severe illness, he travels to Ostende. The reader first meets him there, dressed in white, happily walking along the gray-green sea but also among the crowd of festively attired people.
He is dressed in gray when he invites a woman, only identified as E. As they set out to sea in the graying morning, he is again dressed entirely in white. As they speed along, the light becomes ever brighter. With the boat now rudderless and wave upon wave rolling in, Copetta lets himself fall back and disappears into the blue-green sea: EB, 13 In this scenario, nature is experienced as benevolent because Copetta is in agreement with it. Human attachments no longer have any hold on him, and he is ready to give himself up to nature.
On the street, she denies herself to no one, putting herself and others at risk for disease. Later, she moves to the glamorous ballrooms, where, dressed in black silk and her eyes shining from the effects of Atropine, she performs strange and sensuous dances with her 23 partners.
After a year, she returns to Ostende, no longer dressed in black but in yellow silk. She spends the day joyfully anticipating Copetta. It is again morning and light, when she jumps into a rowboat, hoping to catch up with him. Not finding him, she is overcome with fear. But she is joined by a dark figure rising from the waves. He is still in his white clothes, but strangely transformed into a mythical figure: The scene from the previous years is repeated: As before, he lies back in the waves with an ecstatic look.
She now leaps after him and is finally embraced by his thick swollen arms. As both are united, they regain their youthful looks and are absorbed by the infinite gray-green sea. In both stories, death is but one aspect of nature and life. Copetta and, with his help, the woman come to accept this. Death as a way out of individuation, already present in his first novel, Jagende Rosse, appears as a dominant theme in these stories.
Mike Bondi is actually Bessie Bennet, a girl who died very young some eighty years earlier. Because she wanted so much to live, she was given permission to return — not to dance, as the narrator explains, but to help bring a kindly death to men. Sie sei als Helferin unter die Menschen geschickt und bringe den liebreichen Tod. EB, 45 Submitting to or embracing death is the most positive decision any of the characters in these stories make.
Death, however, is inevitable. Instead, in yet another inversion of the traditional tale, he is imbued with positive human qualities — pride, kindness, generosity, and congeniality. However, the violent encounter with a mysterious and mythical force, exposed at the end of the story as a dreadful sea monster, a Medusa, reveals once again that human autonomy and pride must be abandoned.
The baron is found unconscious, without memory of what happened, wounded, frightened, and transformed. Gone are his laughter, his love of life and people; introverted and asocial, he now lives a solitary existence in the town. After a year has passed, however, he resolves to build a castle in the heath and to marry.
This is a clear act of defiance, and in due time, the mythical force begins to take revenge: In time, the castle is destroyed and the heath on which it was built is reclaimed by the sea. In other words, the proud and selfassured Paolo di Silva has to be utterly defeated, before he too submits to a higher power. Perhaps as an act of penance, he becomes the leader of a guerilla group in the fight against the heathen Indians in Central America. It is they who kill him treacherously. However, the dancer Ella, at nineteen, is not a mature woman and never will be unlike E.
However, Ella refuses to play the role of the beautifully dying woman, whose art is further inspired and refined or whose soul is ennobled by her suffering. She seemed suited for the profession of a dancer owing to her peculiar temperament and her inclination to contort her limbs and make faces. Her dancing seemed to be all about controlling her body, a kind of virtuoso display. Hers was an art that, although performed through the body, emanated from the will and was completely lacking in sensuousness.
Her overwhelming emotions are anger at her body, the doctors, and the world of the hospital , horror and revulsion at the doctors and patients ; fear and dread leading to a childish helplessness. In time, the medical picture is transformed into a psychiatric one, when the dancer demands thread and cloth and embroiders in red the situation as she experiences it. Her embroidery shows in coarse outline the following picture of three figures: EB, 21 Far from attempting to reunite mind and body, she completes the dissociation metaphorically.
But it is a last attempt to reestablish the old power relationship: Sie wollte einen Walzer. Eventually, she calls for the doctor and, in his presence, kills herself by plunging the sewing scissors into her chest. An implicit narrator presents the protagonist, Mr. Michael Fischer, whose proper bourgeois attire black suit, bowler hat, golden watch chain, walking stick contrasts sharply with his odd behavior. The reader first meets him on his Sunday stroll. As he is ascending the path through the forest, he counts his steps: All the while he is vigorously swaying his hips from side to side, at times almost losing his balance.
He seems self-consciously concerned about his behavior and twice turns to see if anybody is watching him, possibly his business colleagues or a lady EB, 57 , but resumes it whenever he is not preoccupied with something else. The impression conveyed is that of a rigid and somewhat sadistic person with an extreme need for order and control.
Fischer furiously and groundlessly whips off the heads of common buttercups in which his walking stick gets caught. In the course of the story, Fischer displays a multiplicity of psychiatric symptoms, typical of the compulsive, the anal or repressive, the sadistic, the paranoid, and the hysterical personality. Thus, the initial violent action is clearly linked to his bourgeois existence and connected with a certain pleasurable feeling coupled with sadism: But while the apprentices could be mistreated without consequences, this is not the case with the buttercups.
Fischer soon has a vision of himself and his deed of a moment ago, whereby the beheaded buttercup takes on mythical proportions.
The severed head rolls into the grass and penetrates ever deeper into the ground, while from the neck of the body, the stem, white blood begins to ooze, first a little but then swelling to a stream so that Fischer has to jump to the right and the left in order to escape the slimy river. Covered in sweat, he tries to regain control, still aware that this is a matter of his imagination: Regaining his self-confidence, he now imagines himself rather proudly as a murderer: At other times, he is consumed by guilt, which leads him to anthropomorphize her: The preoccupation with the flower extends not only to his thoughts conveyed by way of the interior monologues but also to his actions.
He sets up a bank account in her name and insists on a dish for her when he takes his meals, all in the hope of atoning for the murder. In the end, he thinks he has found a way out of his quandary, and even invents a legal paragraph on guilt compensation. To this end, he brings home from the forest another buttercup and carefully nurtures it. This is supposed to free him. When the pot breaks and the landlady tells him that she discarded it along with the weed, Fischer is ecstatic.
He now imagines himself released from the hold of the flower and the entire buttercup clan. Es war keine Frage. While his initial cruelty of a year earlier was still comprehensible, his present behavior is a clear indication of a thoroughly confused subjectivity. It is not Fischer who has duped the forest, of course, but the other way around. The story ends with the protagonist disappearing into the forest, loudly laughing, never to return.
Although the portrayal of Mr. The power that the butchered buttercup and, eventually, the forest assume over him may at first appear as a figment of his disturbed consciousness. However, there are enough signs to indicate that there are times when this repressed little man is not merely mad but for brief moments receptive to the notion of a realm beyond his confined bourgeois existence. Thus, the destruction of the flower confronts him with the thought of the finality of death EB, Yet he stubbornly tries to convince himself that all was but a dream.
At other times, he is overcome with dread at the thought of the weeping trees assembling in judgment over him EB, 62 and acknowledges the existence of incredible things At one point he breaks down weeping for the first time since his childhood: He chooses to struggle to regain his autonomy, only to be reabsorbed into the realm of nature, here represented by the forest, entirely uncomprehending. We thus gain no insight into these phenomena and struggle even more to locate within ourselves any empathy for the irritable characters he portrays.
Indeed, the narrative power of these tales no doubt arises from this intensification, as well as from the startling images used to convey varied mental and emotional states. However, the world of mental and emotional pathology accounts only partly for the deeply disturbing effect these stories have on the reader.
Equally or more significant is the philosophical perspective. Although rooted in reality, the social world and human struggles of the narratives are for the most part not the object of these tales. Social existence is presented as meaningless and worthless: Their efforts to individuate a personal destiny in the face of deterministic forces appear misguided.
All that matters is the willingness to give up the illusion of self-creation and yield to reabsorption by nature. Even their implied role in the killing of their child does not taint them. Since all human strivings are viewed as futile and wrong, the distinction between good and evil becomes irrelevant. Characters lack mutual understanding, even when they have no quarrel with each other.
They are separate and contained within themselves, windowless monads, as Johannes exclaims in Der schwarze Vorhang JR, , He continued to see life as an eternal struggle and regarded man as a mere plaything of natural forces. To some extent this is understandable, confronted as he was during these years with suffering and death that no science could alleviate or pre28 vent.
Thus, the incorporation of ugliness, cruelty, and madness, as well as the negation of the human subject, may have been part of his poetic intentions, aimed at overcoming an outdated mimetic orientation. For Kafka, too, life was a continuous and hopeless struggle against all-powerful, primarily social, forces. In the early novellas, the aberrant behavior was confined to individual characters, as we have seen.
Chinesischer Roman , violence became a defining feature of mass behav30 ior. Both solutions are indicative of his failure 31 to face the urgent political and social problems of the times. Es ist der Leidensweg ins Bodenlose [. Additionally, he has masochistic fantasies that represent the obverse of his desire to inflict harm. It reveals the institutionalized anti-Semitic prejudice in Regensburg: There he remained until his forced exile in He spent the First World War as a military doctor and, beginning in the twenties, gained recognition as an avant-garde author.
Elsewhere he is full of admiration for those who attempt to explain the variety of the world on the basis of uniform atoms Most extensive is the lengthy passage: Even his experiences with mental patients are reflected in this theoretical text Tiefe Verbeugung in einem Akt , published , which was performed the same year under the auspices of Herwarth Walden.
He also insisted that, besides plants, animals, and stones, he always could suffer only two kinds of people: And if someone should ask him to which nation he belonged, he would answer neither to the Germans nor the Jews but rather to the children and the insane SLW, Here, he elaborates on his difficult role as physician, psychiatrist, and social worker among the workingclass patients whose problems were as much the result of living and working conditions as of actual diseases SLW, 98— A Stift was a protestant or catholic convent for unmarried, often impoverished noblewomen.
Medicine containing Atropine enlarges the pupils. See EB, , note to page However, in the twenties, Thomas Mann began to see the emphasis on the irrational as a danger and in direct opposition to humanism, which he felt was essential to the survival of a civilized world. Works Cited Anz, Thomas. Ein kritischer Bericht zur Forschung. U of California P, Von Reinhardt bis Brecht, II. Der klassisch-moderne Roman in Deutschland: Giorgio Colli and Mazzino Montinari. Zur Genealogie der Moral. Die Ordnung des Wahns: Der Dichter und die Ratio: Erinnerungen an Bertolt Brecht.
Sachse und Pohl, Grundlagen seiner Aesthetik und ihre Entwicklung — In the catalogue of his novels, sprawling epics of mass movements in distant times and exotic places Wang-lun, Wallenstein, Berge Meere und Giganten, Amazonas alternate with works set in the urban, industrial present Wadzek, Berlin Alexanderplatz, Pardon wird nicht gegeben, November , Hamlet oder die lange Nacht nimmt ein Ende.
Although these two works might at first appear to be poles apart, the following essay will argue that they display similarities of origin, theme, and imagery. Two years later, Wadzek evoked reactions from reviewers that with few exceptions ranged from puzzled to nauseous. This flirtation with 2 violence and the linked disdain for women and pacifism is much on display in Mafarka le Futuriste Mut zur kinetischen Phantasie [.
Berlin Program , written between Wang-lun and Wadzek, are realized in the narrative practice of both, and connect them to each other. Trotz der Angst um seine Geliebte konnte Niall nicht anders, als kurz innehalten, um sie zu bewundern. Ainoah Jace schreibt romantische Fantasy Romantasy. Would you like to tell us about a lower price?
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In sum, the multiplication of international transacting has made the extension and limitation of individual entitlements an issue of international competition, trade wars, and economic hegemony. Accordingly, the state no longer has an altruistic interest in private law. In sum, many areas formerly deemed private law and private international law have had their character altered in a way that no longer allows them to be neatly categorized. The merger of private and public law at the level of national regimes has dissolved clear structures.
And this dissolution has resulted in a publicization and politization of conflicts law and choice-of-law methods. The field has thus become subsumed by a debate on underlying public international law structures and on limitations to jurisdiction under the doctrine of international comity.
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As a result, this has created a number of gray areas of public international, private international, and international economic law. The coalescence of private and public international law spheres is an important feature of the so-called transnationalization of the law. While private actors were virtually nonexistent under the classical system, modern international law accords them extensive rights and duties.
Private relations are no longer isolated from public international law—as seen most evidently in the case of human rights protection. This development ultimately came along with the claim that a new paradigm of conflicts law and choice of law is needed. Succinctly put, there appears to be a substitution: In the following, I will explore how transnationalization has come to herald the decline of nation-state conflicts law and choice of law.
Before beginning my analysis on this topic, however, one final clarification is in order: Orders of transnational quality may implement norms of public international law origin, as well as private law norms unrelated to the law of nations or nation-state regimes. The latter category is usually discussed under the labels of the medieval lex mercatoria and its modern counterparts of the new law merchant. Mainly created by private parties, these regimes seek to govern interindividual relations.
Since these concerns are central to trademark and unfair competition law, both in substance and with respect to choice of law, however, the lex mercatoria is not important for this inquiry. As mentioned earlier, US conflicts theory witnessed an era of introspection. On the contrary, the second half of the century saw a sketch of internationalism formulated by Philip C. His ideas would come to dominate modern conflicts law theory in the late twentieth and early twenty-first centuries. As Jessup expected, national law and public international law would merge and bring out a new substance.
Both public and private international law are included, as are other rules which do not wholly fit into such standard categories. And inevitably, it seemed to dissolve conflicts law—when there is no longer a divergence on the substance of norms, the need for conflicts resolution disappears. Of course, none of these ideas were new in Early conceptions of international comity, of the community of nation-states, and of an international consensus on conflicts law, all had a technical corrective in common. They were built on the idea that conflicts resolution would always have to give regard to a fundamental interest: This aspect was dropped in the course of the twentieth-century transnationalization of the private and public international legal orders.
The doctrine of international comity is inseparably connected with seventeenth-century scholar Huber. In order to establish and maintain a functioning system of international law, the following had to be guaranteed:. In the external arena, the doctrine of comity prevents a state from extending its power to the territory governed by another sovereign. In the debate over whether comity is a doctrine of mere political content, however, one important aspect has often been neglected: Even though their teachings have often been explained as founded on different conceptions of comity and of the relationship between private and public international law, they share common ground regarding the fact that the international consensus on jurisdiction is not a deontological concept based on axioms of territoriality and sovereignty alone.
The doctrine of comity is also the means to an end insofar as it is supposed to guarantee useful and convenient international transacting and commerce. It virtually guaranteed reconciling the irreconcilable by localizing slaveholder rights within their respective fora.
Comity would neither require a free state to acknowledge property rights in slaves nor require a slave state to accept the liberty of recaptured slaves. Even though there was no absolute legal obligation to afford foreign laws a priority of application, deciding which law to apply and how far to extend a national regime was an issue of legal analysis. One aspect is important here. The true foundation, on which the administration of international law must rest, is, that the rules, which are to govern, are those, which arise from mutual interest and utility, from a sense of the inconveniences, which would result from a contrary doctrine, and from a sort of moral necessity to do justice, in order that justice may be done to us in return.
Under this perspective, the patchwork of national regimes was held together by a system of self-restraint. And Story qualified the system in one more respect: In addition, it implemented a dynamic method of interest reconciliation. The aim was not to achieve international fairness or to promulgate a one-size-fits-all rule 78 —it was to establish a process-based model of interest balancing, which would guarantee the smooth functioning of international transacting.
As has often been explained, Savigny formally replaced comity and public international law with abstract and apolitical choice-of-law mechanics. Indeed, it almost seems as if he thereby emancipated choice-of-law theory from the need to consider comity and from the need to give regard to nation-state sovereignty. In essence, as is commonly contended, Savigny privatized the system of choice of law. Moreover, like Story, Savigny conceived of this community as being founded not only on common values and Christianity but also on a quest for mutual benefit and utility. The more multifarious and active the intercourse between different nations, the more will … reciprocity in dealing with cases which is so desirable, and the consequent equality in judging between natives and foreigners, which, on the whole, is dictated by the common interest of nations and of individuals … [effectuate] that, in cases of conflict of laws, the same legal relations cases have to expect the same decision, whether the judgment be pronounced in this state or in that.
The standpoint to which this consideration leads us, is that of an international common law [i. Finally, Savigny emphasized one aspect as being the most determinative: As he explained, within the community, a constant evolution of choice-of-law norms toward a uniform system had already set in. The final stage of international uniformity should be established either by scholarly theory and its practical implementation or by means of international agreements and treaties. With respect to normative content, both ways would ultimately have to follow the same guideline.
Each rule of choice of law would have to pass a test to determine whether it could be transformed into an international agreement:. If the development of the law thus begun is not disturbed by unforeseen external circumstances, it may be expected that it will at length lead to a complete accord in the treatment of questions of collision in all states. Such an accord might be brought about by means of juridical science, and the practice of the tribunals guided by it.
It could also be effected by a positive law, agreed to and enacted by all states, with respect to the collision of territorial laws. I do not say that this is likely, or even that it would be more convenient and salutary than mere scientific agreement; but the notion of such a law may serve as a standard to test every rule that we shall lay down as to collision. We have always to ask ourselves whether such a rule would be well adapted for reception into that common statute law of all nations.
On this evolutionary basis, Savigny saw the complete disappearance of conflicts as a mere matter of time. He expected the number of conflicts between political and absolute norms outside the system of apolitical and interchangeable private law norms to shrink continuously:. These two cla[s]ses of absolute laws, however they may differ in other respects, agree in this: It is to be expected, however, that these exceptional cases will gradually be diminished with the natural legal development of nations.
But the extension had a slightly different angle that would prove significant for the development of internationalist legal thought throughout the twentieth century. At the same time, his suggestion stayed behind these earlier conceptions insofar as he did not describe uniformity as being founded on public international legal standards or the doctrine of comity; instead, he substituted the idea of interstate consensus and compromise with a new paradigm.
The Weltrecht , Zitelmann explained, would be a uniform substantive law governing all nations, at least those with a Christian culture. His starting point was the assumption that the rules of logic and reason were universal in nature. Accordingly, any legal system would have to be founded on an identical structure of legal reasoning. He provided the ground for a streamlining along the lines of globally uniform standards and metrics. The identity of real-world circumstances and structures was what accounted for the transnationalization of norms. Uniformity was no longer an issue of conflicts law or choice of law but a question of substantive law policy.
A common theme among theorists since Huber was the idea that it was paramount for conflicts law and choice of law to guarantee frictionless and convenient transacting in the international arena. Story was the first to convincingly explain this idea for conflicts law on the basis of nation-state consensus.
Building on Story, Savigny further projected it into the concept of a legal community of sovereign nations. His ideal was to have nation-states agree on universal norms of choice of law. Seen in this light, two aspects can be explained as characteristic of traditional doctrine. One is the function of nation-state sovereignty. Since nation-states constitute the international community, any model of conflicts law or choice of law must be founded on the principles of public international law and on the doctrine of international comity. The other aspect concerns the supra-positivistic side of conflicts law that aims to secure the utility and convenience of international transacting and commerce.
Comparing these traditional authorities with the modern debate on transnationalism highlights a phenomenon that has been largely overlooked: His concept of a global coalescence of private law norms is a theory of substantive uniformity. It was in his model where the most characteristic feature of transnationalization made its first appearance, which can actually be explained as an early parting of the ways: Zitelmann no longer required a context of public international law, nor did he conceive of conflicts law or choice of law as a functional element of international transacting and commerce.
Modern theory has carried these ideas further. The idea that national laws would converge over time always inspired theorists to search for a global uniformity of values and policies. In this regard, Jessup provided the theoretical foundation for the modern process of transnationalization. From then on, transnationalists no longer had to look through the magnifying glass of nation-state politics; state interests were no longer imperative. Instead, norms and policies created beyond the state and its institutions became the product of a new and increasingly homogeneous world society.
According to Jessup, international consensus on regulatory standards and individual rights protection would grow continually over time. One example he used was the evolution of maritime law. Since the categorical confines e. Transnational law … includes both civil and criminal aspects, it includes what we know as public and private international law, and it includes national law, both public and private.
There is no inherent reason why a judicial tribunal, whether national or international, should not be authorized to choose from all of these bodies of law the rule considered to be most in conformity with reason and justice for the solution of any particular controversy. He prophesized that traditional categories of decision making in conflicts law would vanish. As Savigny had anticipated with respect to the doctrine of public policy ordre public , the domain of absolute laws resisting classification under a multilateral system would ultimately be reduced in the course of the expansion of international transacting, the approximation of policies, and the repeated adjudication of international conflicts.
In the words of Anne-Marie Slaughter:. This presumption, in turn, rests on a conception of a single global economy, in which borders are increasingly irrelevant, and an accompanying legal system, in which litigants can choose from among multiple fora to resolve a dispute … Whereas a presumption of a world of separate sovereigns mandates transjudicial relations marked by courtesy and periodic deference, the presumption of an integrated system takes mutual respect for granted and focuses instead on how well the system works.
The concept of an integrated system of global norms no longer follows the primary aim of securing the utility and convenience of international transacting. It has become an aim in itself. The universality of norms and policies is the ultimate goal. As we have seen, traditional European choice of law in the Savignian tradition is structurally indifferent to substantive law policy. It also rarely gives regard to public international law or international comity. Similarly, US theory, notably the American revolutionists, rejected a consideration of public international law. But this was more a technical aspect than a matter of the international legal order.
Giving regard to the interests of the community of nation-states or to international comity, as Currie understood, was too vague and speculative to allow for a jettisoning of more concrete domestic concerns. I will focus on the most important examples of these inroads that share a distinct element of internationalism—their ultimate goal is the promulgation of universal norms of conflicts resolution. In a sense, all these approaches have attempted to materialize the contents of international comity.
Yet during the twentieth century, this doctrine lost much of its initial gloss when the concept of a truly universal legal order, widely detached from the sphere of nation-state politics and from enforcement issues, made its first appearance in practice. Even though interest analysis acknowledged multistate policies and, accordingly, did not exclude the application of foreign law ab initio , lex fori prevalence in true-conflict and unprovided-for cases made the consideration of multistate policies just one among several concerns.
Around the same time, at the peak of American conflicts parochialism, Jessup coined the concept of transnationalization. A concern for the functioning of international commerce and transacting was the basic purpose behind this practical internationalism. In the case Lauritzen v. The seaman had suffered injuries in the course of this employment. The court deemed the Jones Act inapplicable. International maritime law was a universally acknowledged system of regulating international maritime activities:.
It has the force of law, not from extraterritorial reach of national laws, nor from abdication of its sovereign powers by any nation, but from acceptance by common consent of civilized communities of rules designed to foster amicable and workable commercial relations. The decision formally entailed choice-of-law determination, yet defied both contemporary vested-rights theory and interest analysis. Repeating the oft-enunciated dichotomy of public and private international law, the court rejected a narrowly nationalistic and territorial approach in favor of a systemic analysis.
International Terminal Operating Co. The Romero reasoning made it clear that the court would not undertake a comparative weighing of nation-state interests—instead, the aim was to uphold a reciprocally fair system of international regulation:. These principles do not depend upon a mechanical application of a doctrine like that of lex loci delicti commissi.
The controlling considerations are the interacting interests of the United States and of foreign countries, and in assessing them we must move with the circumspection appropriate when this Court is adjudicating issues inevitably entangled in the conduct of our international relations. In other words, the court maintained the model of a community of nation-states and a resolution of conflicts with regard to what different national policy makers considered important. Around the same time, a similar approach evolved in Europe. As we have seen, civil law conflicts doctrine does not subject issues of public, economic, or regulatory law to choice-of-law mechanics.
Usually, forum law applies. An early strand of theory challenging this inconsistency was enunciated by Konrad Zweigert , Karl Neumayer , and Wilhelm Wengler. The theory of separate attachment largely rejects the presumption that foreign public law must not be applied in a domestic forum. While this may be justified in areas where national interests have traditionally prevailed e. In these cases, he instead considered it necessary to identify an internationally acknowledged interest international-typisches Interesse.
Depending on the identification of such a global or universal interest conformity, one would decide in favor or against the application of foreign regulatory law. In essence, subjecting both private and public norms to the same model of conflicts mechanics dilutes Savignian mechanics. It also replicates and verifies his prophecy: The constant evolution of the international community would eventually dissolve the dichotomy.
Attachment in accordance with a classification of foreign states as either congenial or alien divides national regimes along the lines of shared socioeconomic and political values. The perspective no longer seems solely state-centered and political—it is increasingly drawn toward an informal group consensus.
Indeed, a more destatized perspective was to take over in judicial practice.
Internalization of a then new and innovative kind concerned the implementation of public international law in the form of an ordre public international in conflicts law. It has a negative side, correcting the result of multilateral conflicts rules. And it has a positive side, embracing foundational rules of the forum that must be applied regardless of what choice of law would actually require. Since the export had violated Nigerian law, the court found the insurance contract invalid.
According to the court, the convention illustrated that. Certain basic convictions exist within the community of nations concerning the right of each country to protect its cultural heritage and regarding as reprehensible practices which interfere with this heritage; accordingly these practices must be prevented. The court did not directly implement public international law. Rather, it applied forum law as the lex causae. This is an aspect of the global legal order that lies beyond the nation-state paradigm. And this destatization took over only a few years later in scholarly attempts to conceive of a non-state-founded model of transnationalization.
Recent decades have witnessed a large array of innovative attempts to reconceptualize conflicts theory and choice of law. However, none of these attempts have proved ideal, for breaking the chains of established theory and practice generally leaves a void that cannot be filled swiftly, easily, and with guidelines that guarantee clarity and workability. Many deficits of recent approaches are well known and need not be explored here. One aspect in particular calls our attention: In what can be seen as a reinterpretation of the Savignian world view on a ius cosmopoliticum , liberal regimes of private law and individual rights have become detached from their former foundations on state sovereignty and governance.
With this new paradigm, a quest for super-values has begun. These super-values are supposed to substitute traditional mechanisms of civilizing international conflicts by giving regard to principles of international law. In other words, these values—as protagonists of the new transnational legal order suggest—provide the metric and standard to resolve international norm conflicts. From the plethora of scholarly voices, a few are particularly illustrative for the challenges that exist. Next, I will examine three examples, starting with a more traditional model of nation-state policy analysis and its extension into law and economics, and ending with a look at the large strand of scholarship in global legal pluralist theory.
Interest analysis is politicized—it accords ultimate regard to the policies involved, notably those of the forum state. Yet there are voices in post-Currian scholarship that, while still adhering to policy analysis, have again depoliticized conflicts law through the back door. Their suggestions illustrate the conundrum presented by the quest for an alternative to the Savignian system. He rejected a simple interest analysis, considering its results to be arbitrary. Essentially, this meant applying the law of the state whose policy would be most seriously impaired by nonapplication.
Unlike Currie, therefore, Baxter ultimately accepted the challenge of weighing the conflicting policies at stake. He found it in a process-oriented model: Parallels to the traditional doctrine of international comity are obvious. Just as game theory in choice of law deals with optimization whether of individual interests or of state policies , the doctrine of comity was initially designed to foster the utility and convenience of international transacting and commerce. In this regard, his model actually provided for a conceptual framework necessary for an international order to evolve.
This neo-traditional model has been further developed in recent decades, as extensions of game theory in choice of law have eliminated the state and its political process from the ledger. He formulates canons of construction reflecting the kind of compromises that equal sovereign states negotiating multistate conflicts would be likely to make.
Courts confronted with choice-of-law issues should thus ask what lawmakers would likely have achieved from a multistate agreement. Indeed, a state might actually be more successful in advancing its own policies if it unilaterally applies forum law. Mutual application of the canon would help avoid the dilemma. Since all states must repeatedly decide under identical conflicts rules, they would, over time, discover the benefits of cooperation. He starts on the basis of interest analysis by accepting the relevance of governmental interests. This can be duly called a revolutionist starting point.
This common law of the international community of nation-states, as we have seen, not only sought to replicate international agreement among sovereign entities but also aimed at a harmony of decision making by providing for the same international conflicts rules everywhere. By this means, Kramer makes legal certainty , predictability, and harmony of decision making on the interstate and international level the basis for a reconceptualized choice-of-law theory. The destatization of choice of law did not end with Kramer. In fact, the technique of state-policy substitution has evolved from simulated negotiations and canons of interpretation to the computation and maximization of agglomerated individual economic welfare.
The most prominent strand of conflicts theory in this regard was suggested by Andrew Guzman in On the contrary, the meta-regulatory character of conflicts law requires that particular regard be given to the economic interests involved. First, Guzman bases his concept on the welfare of private individuals, not on the interests of states. When a certain conduct has no effect on individuals within a certain state, there is no reason to regulate this conduct.
Conversely, any effect on residents within a jurisdiction generally provides an interest of the respective state in regulating the conduct at issue. This means that it will rationally aim at a maximum benefit for its residents. Its choice-of-law rules will thus be chosen with an eye toward an internalization of benefits and an externalization of costs. In other words, a rational lawmaker, when determining the applicable law, will take into account only the effects on its own residents and will ignore effects on nonresidents.
This potential conflict of interests on behalf of national lawmakers makes conflicts law and choice of law an unruly horse. Vice versa, it will prevent a transaction when its net effect on global welfare is negative. In essence, this concept of welfare-enhancement sits on well-known foundations. Ever since Adam Smith, liberalist theory has suggested that the market and its mechanism should serve as the ultimate and determinative institution for legitimizing the allocation and distribution of wealth.
Yet making efficiency the guideline imports defects of its own kind. A theory of welfare maximization through choice of law reflects general deficits of law and economics theory. Even if we are willing to acknowledge economic effects and efficiency as a general metric, a cross-border or global utility comparison is still—and may remain for many more decades—unfeasible. Computing costs across countries and their populations must take national socioeconomic differences into account.
The reallocation of gains and losses requires a corresponding political solution. Like his predecessors, therefore, he must acknowledge that nation-states function as the definitive policy makers. Ultimately, Guzman must even recur to international cooperation as a method of conflicts resolution when he explains that only state-to-state negotiations will yield balanced results under a do-ut-des mechanism.
On the contrary, aligning national interests with those of the global community stands at the heart of global-welfare theory. Accordingly, nation-state policy making is still front and center. Since the s, attempts to retheorize the nation-state paradigm and to reinvent the concept of jurisdiction in an era of globalization have blossomed.
Concepts of nation-state sovereignty and of a world that consists of a segmented checkerboard of regulatory units have given way to a theory of transnational legal orders. As we have just seen, all critics of traditional choice of law have ultimately returned to the idea that interstate agreements and their simulation are determinative. More recent concepts, however, have taken the destatization of conflicts law and choice of law, as well as the absolutization of universality, to an extreme.
By this means, Berman disregards the territorial characteristics of disputes. But community affiliation—and not the state-centered paradigm of a Westphalian world —now governs the analysis. And it is not just with respect to the normative sources that destatization has been advanced. The process of norm promulgation has also been subjected to a new paradigm: Norm creation and promulgation will thus become an issue of re-relating the splintered sectorial regimes. Teubner and Fischer-Lescano exemplify their model with an example from international copyright conflicts. Similar to Graeme B.
Dinwoodie and Berman, they suggest that conflicts resolution should choose among functional regimes, not national laws. Concerned courts—national courts and transnational instances of conflict resolution—would be required to meet the challenges of creating transnational substantive norms out of this chaos.
But the extension of concepts for normative sources and their creation is not the only alteration of traditional conflicts and choice-of-law theory that has been suggested. While Berman, Teubner, and Fischer-Lescano are still critical of the idea of a completely universal and uniform global legal order, others are not. Transnational legal process describes the theory and practice of how public and private actors—nation-states, international organizations, multinational enterprises, non-governmental organizations, and private individuals—interact in a variety of public and private, domestic and international fora to make, interpret, enforce, and ultimately, internalize rules of transnational law.
Both Koh and Slaughter represent a strand of theory that extends the idea of hybrid norms to incorporate fluidity and norm blending—with an ultimate creation of global uniformity. While domestic law still provides the machinery for enforcement, normativity becomes an issue of international law. Choice of law will disappear, giving way to a cosmopolitan and integrative blend of substantive norms. While many questions have been left unanswered, a full-fledged critique of cosmopolitanism and pluralist theory is not necessary here. Rather, it is the microperspective where problems are manifest.
The problem of practicality is particularly important for this inquiry. Applicability is a general problem. How is the domestic judge supposed to contribute to a global legal order if she must cope with the scarcity of time, information, knowledge, and authority? This has seldom been explained with clarity. But the ultimate step toward a true Weltrecht has not yet been taken: But the nation-state continues to serve as the primary repository of processes for litigation and often as the only purveyor of enforcement services.
Since national courts still decide the bulk of international conflicts cases, there is hardly a comprehensive system of conflicts resolution covering both substantive norms and policies as well as procedural norms and enforcement structures. But this was not the final word. International economic law always cultivated an inherent doctrine of jurisdictional limitations under principles of public international law and comity. Further, the twentieth-century publicization of private international law and the privatization of public international law have brought the quest for universality back to the fore.
Yet, although widely unnoticed, the modern debate has suppressed an important characteristic of the Huberian, Storyan, and Savignian models. In particular, US theory has undergone a shift toward nation-state dissolution and normative universalism. As is commonly assumed, international consensus and the ensuing universality of norms and policies are the panacea to all jurisdictional issues.
In other words, if content is universally agreed on, there will be no more conflicts. But this perspective overlooks one important aspect. It is not just the universality of substantive law that accounts for the functioning of the transnational legal order. The mirror image to substantive law doctrine is its procedural enforcement. This was considered in the works of early theorists. Even though they may not have analyzed issues of enforcement efficiency at length, the requirement that conflicts law and choice of law had to provide for convenience in international transacting and commerce provided for a safeguard mechanism.
This defect of modern theory will be the focus of the following sections. As a look at international antitrust conflicts and human rights litigation illustrates, the optimism of universalist transnationalism has given way to a sobering interpretation of international comity that adopts a more balanced rule of jurisdictional self-restraint.
For quite some time, courts around the world seemed to follow suit in the apotheosis of substantive law universality. Only recently, however, has the pluralist and transnationalist Camelot begun to disappear—at least to a certain extent. This development is due to a number of reasons. The phenomenon can—indeed, must —also be characterized under a less provocative and politicized lens. Such a more neutral view on the mechanics of international conflicts resolution leads us back to the beginnings of choice of law and conflicts law, when the law of nations, especially the doctrine of international comity, was still used as a civilizing element of international transacting and commerce.
There are a number of areas where a tendency of retraction can be found. Two are particularly illustrative and shall therefore serve as pars pro toto for the resurrection of moderating instruments in conflicts law. The first is international antitrust law, with its reliance on effects testing and a significant overlap with trademark and unfair competition conflicts doctrine. As a closer analysis highlights, international antitrust law has evolved from an initial concept of almost nonexistent limitations on regulatory jurisdiction all the way to a practice of jurisdictional self-restraint.
As a sector of international tort doctrine, human rights protection appears to be an issue of individual rights protection and thus nonregulatory. A closer look, however, reveals that this impression is incorrect. Here, too, it is no surprise that recent developments illustrate a trend toward more comity-based self-restraint. Seen in combination, both international antitrust and international tort law thus illustrate a resurrection of the doctrine of international comity, notably its instrumental function of civilizing international transacting and commerce.
Disputes in international economic law are often characterized as transnational regulatory conflicts or transnational regulatory litigation. In addition, more recently, it has begun to convey something more. As a result of the increasing approximation of national regimes and the growing harmonization of substantive law policies around the world, the resolution of conflicts between different regimes is deemed an issue of globally uniform regulation.
This interest, it is contended, is reflected in a global consensus on norms and policies.