Authoritarian Transfers

Authors

Günter Frankenberg, Goethe University
Fernanda G. Nicola, American University College of Law

Abstract

The rapid proliferation of foreign agent laws globally has become a hallmark of rising authoritarianism, with these laws weaponized to suppress dissent and stifle civil society. While the post-World War II study of legal transplants focused on liberal legal orders, the rise of authoritarian regimes has introduced a new dimension: the transnational movement and adaptation of authoritarian legal frameworks, or authoritarian transfers. This Article fills a critical gap by developing an analytical framework to distinguish authoritarian transfers from democratic ones, using transfer theory, a central theme in comparative law that explores how laws travel, adapt, and transform within new social orders. Authoritarian transfers develop through power-driven narratives, punitive legal tools, and chilling effects on civil society. They differ from liberal transfers in their coercive narratives, legal technicalities, and distributive consequences. Moreover, this Article explores global resistance to these practices and underscores how the “failures” of liberal legal transfers have allowed authoritarian frameworks to flourish, providing new insights into the interplay of ideology, law, and governance. Finally, this Article argues that comparative law can play a vital role in resisting authoritarianism by exposing the mechanics of authoritarian transfers, fostering accountability, and strengthening democratic resilience against these repressive legal tools.

Recommended Citation

Günter Frankenberg and Fernanda G. Nicola, Authoritarian Transfers, 80 U. Mia. L. Rev. 51 (2025)
Available at: https://repository.law.miami.edu/umlr/vol80/iss1/4