Global law is more an all-encompassing concept than a legal reality. There
are very diverse issues under the umbrella of global law. The link that ties
them together is the state’s diminished role as a regulator.1 A multilevel
governance2 system has filled the gap left by national or domestic law.
More specifically, there is a form of post-national regulation involving the
interaction among states, international organizations or institutions, government
networks, and other private stakeholders, such as multinational
corporations (also known as multinational enterprises or companies), standardization
bodies, and NGOs. The scenario for this new form of regulation
is globalization, where several problems have arisen that are hard to
solve through individual state action. Criminal policy experts often include
all of these issues under the notion of transnational or cross-border crime.3
By making it into the wording of Article 83 of the Treaty on the
Functioning of the European Union (TFEU), this concept has traveled
from international criminal justice policy and criminology to written positive
(statutory) law.