When Law Cannot Go Back: Reversibility, Reliance, and the Hidden Architecture of Transnational Legal Cooperation

Luiz Carlos Nacif Lagrotta

No dfnmw_v1, LawArchive from Center for Open Science

Abstract: Transnational legal cooperation is usually examined through the languages of sovereignty, recognition, international comity, jurisdiction, and mutual legal assistance. These categories remain indispensable, yet they leave a consequential problem undertheorized. A legal act validly produced within one jurisdiction may travel abroad, become embedded in foreign institutions, trigger investigative or judicial measures, and generate consequences no longer controlled by the authority that originally produced it. If the originating act is subsequently annulled, validity, effectiveness, control, and reversibility may cease to coincide. This Article conceptualizes that phenomenon as the transnational dissociation between the power to invalidate and the capacity to reverse. Using the 2026 English Crown Court decision in Serious Fraud Office v Miranda as a case study, it argues that cross-border legal circulation should be understood as a process of progressive institutional embedding rather than mere transmission. Drawing upon administrative law, international comity, global administrative law, legitimate expectations, institutional theory, and Law and Economics, the Article develops the concept of a gradient of transnational reversibility. It then advances a Principle of Preservation of Reversibility, under which institutions facing credible legal uncertainty should, at reasonable and proportionate cost, avoid unnecessarily transforming corrigible situations into states that are difficult or impossible to restore. The broader claim is institutional: transnational legal systems should be assessed not only by their capacity to cooperate efficiently, but also by their capacity to remain corrigible after cooperation has occurred.

Date: 2026-08-28
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Persistent link: https://EconPapers.repec.org/RePEc:osf:lawarc:dfnmw_v1

DOI: 10.31228/osf.io/dfnmw_v1

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