Thread: Transnational Legal Privilege

Forum -> Research -> Transnational Legal Privilege

feargus - 2011-04-27 23:54:11

Transnational Legal Privilege

Dear all

I am currently in the process of doing some work on the following question:

What is the conceptual basis for a transnational legal privilege?  I am in the process of gathering various articles etc but was wondering if anybody would have anything that addressed this issue directly.

My understanding to date is that the notion of a transnational privilege has grown up as a result of the lack of uniformity surrounding the law of privilege from jurisdiction to jurisdiction, therefore in order to protect the legitimate expectation, ensure predictability, equal treatment etc the principal evolved.  I have also read about the fact that because it is so widely recognised as a law that it constitutes an international principal as well as part of transnational public policy.  Of these two aspects i.e. protecting the parties or the more general, which would be the conceptual basis for the privilege?

Many thanks in advance



ofroitzheim - 2011-04-28 09:36:31

RE: Transnational Legal Privilege

Dear feargus,

I am not sure about the meaning of "transnational privilege". Do you mean "transnational law" as a source of law applicable to a dispute (see here) or do you mean a certain principle of transnational law such as the "Settlement Privilege" (Link) or the "Attorney-Client Privilege" (Link) ?

be - 2011-04-28 20:17:23

RE: Transnational Legal Privilege

Dear Feargus

your comment is abolutely to the point.

I suggest that you read my contribution on the general topic of evidentiary privileges in international arbitration in Arbitration International 2006, at 501 et seq and in Arbitration International 2008, 265 (on the settlement privilege, which I think, is a transnational one).

Klaus Peter Berger

feargus - 2011-06-28 15:28:00

RE: Transnational Legal Privilege

Dear Klaus

Firstly, thank you for your reply and apologies for the delay in responding.

Having read more around the topic, I can agree that I think the realm of Settlement Privilege is a transnational one.  There would appear to be a wide gap between the consensus on this point of law and that of Attorney Client Privilege.  It is the latter point that I am most concerned with.

I find it interesting however that where enforcement is concerned, there seems to have been little difficulty in developing a standard that all were willing to sign up to.  I find that I am sometimes at a loss to understand why nations are so unwilling to sign up to similar conventions on standards such as ethics and privileg.... .   It seems to me to be a natural evolution of an ever increasing global society. 

Considering that most of the work that is done now, is done via the internet, which is in my opinion a virtual nation state, it would only seem logical that such an approach should be taken.  I find that the concept of transnational law is one that becomes every more important and interesting.

I commend you for the work that you do with this site and once again am grateful for your response.


PS:  Is there any way that I might become more involved in this aspect of law?  Unfortunately, I am registered blind so reading hardcopy materials is very difficult but if there are other online resources that would be great.  I can give you my email address if you want to mail me direct. 

ofroitzheim - 2011-09-14 10:58:05

RE: Transnational Legal Privilege

There are some videos and audio files available in the internet. Have you already checked itunesU?

There are also some video and audio files avaibale at

PDF-files, which can be readed out loud by computer programms are available at web pages of law firms (e.g. and law faculties, or at pages like

You should try this. Unfortunately I do not know any book in this fiels which is written in braille.


Oliver Froitzheim

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