Transnational Governance as a Resignification of Power and Democracy

Abstract

This scientific article seeks to present transnational governance as an instrument for solving transnational demands. In the face of new interactions and new transnational spaces, the relations of power and democracy need to be rethought, reframed. The increase in the circulation of goods and people and the intense migratory movement, facilitated by the modernization of means of transport, which characterize the phenomenon of transnationality, have taken away from the traditional states the role of defending the rights of those involved. Much has been debated about solutions through international law, transjudicialism, or transconstitutionalism. However, in view of the frustrating attempts to establish a regulation, and to establish an order that guarantees people’s fundamental rights, there is the possibility of rethinking Law and new power relations globally. Governance appears as a means capable of pro- ducing effective results, without necessarily the express use of coercion. On the contrary, it provides opportunities for the participation of all those involved. Governance, in spite of the relative condition of the State, does not exclude it, but ends up involving it together with private sector institutions, thus giving a new look to the concepts of democracy and power. The article has as its general objective the study of transnational governance as a global political system, capable of leading the phenomena that crossed the territorial boun- daries of a traditional State