As far as the way specific trade regulations or codification of commercial law should look is concerned, this paper does not take any side. No domestic legal system is perfect or exportable as a whole. Harmonization is more effective, if it is voluntary and based on soft law options. Convergence is functional, and legal transplants useful, if they are compatible with the rest of the legal body in the recipient country.
This is not, however, a question of compatibility with the local society. Voluntary convergence and inspiration from foreign ideas, foreign legal concepts, and carefully selected legal transplants can guarantee a commercial law framework that will assist economic development. At least, in the context of international transactions, this trend has been recorded and must be welcome. Iuris summa cum laude , Hanover, Germany.
I am grateful to Marise Cremona for comment and criticism on an earlier version of this paper. Errors of fact, judgment, and taste are of course mine. Organizations promoting regional international economic integration have as their main objective the economic development of their member states and the facilitation of commerce between them. This derives from their constituting treaties. See , e. The African Economic Community is to be established in six stages over a span of thirty four years.
See the multi-facetted discussion of the reforms in Kazakhstan in J.
Comparative law and global law
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Georgia, Moldova, and Tajikistan had to address civil wars immediately after independence. Conflicts in Chechnya and in the former Federal Republic of Yugoslavia attracted greater media attention. See Cheryl W. Transnat'l L. Int'l L.
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Such approximation trends can be found also in the agreement of the EU with states that do not aspire to membership, for example, Asian FSU states. According to John A. Spanogle, Jr. The origins of globalization can be traced back to the writings of Wendell Wilkie and the Club of Rome. These early formulations, however, occurred prior to the collapse of Bretton Woods and the development of the new global communication technology. Global Legal Stud. In response to "fears of globalization" many nations have taken to defending their culture against foreign influence.
Alex Y. See id. The focus is on the rule of law, human rights, and the regulation of international trade. Fidler, Introduction , 6 Ind. See Samuel P. For example, the right to environment, which was first guaranteed in the Greek and Brazilian constitutions, inspired several other constitutional debates or reforms i. Article 6 1 of the Treaty on European Union reads as follows: "The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.
Relevant are the Millennium Declaration Annex I and the comment on human rights and Turkey in paragraph 12 of the Conclusions. Some of the theoretical background can be found in John A. See also Ralph G. Conflicts law and international business transactions have become a staple of state-to-state relations, and non-state or private actors have taken an increasing role in the articulation and enforcement of international standards. See Mary E. Ziegel ed. See the stimulating historical note in Gary N.
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Discussing NAFTA and looking at historical treaties such as the Westphalia Treaty of , he points outs that "when you look into the future, the question is not whether there will be more of this international 'cessation of sovereignty,' rather the question is 'how. He further quotes Lord Wilbeforce's observation in the English Westinghouse case in , in connection with the traditional since in Alcoa U.
See the stimulating essay by Paul B. See Barry J. See Daniel C. See Berger id. Aseem Prakash, Book Review, 4 Ind.
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Stephan, supra note 24, at See Clive M. Harmonization of private law e. See Spanogle, supra note 20, at See Jacques deLisle, Lex Americana? The KHF and the GTZ has taken the view that assistance coming from one country is improper if there is uniform or model law prepared by an international organization.
GTZ appointed the author of this article as an expert to work with the drafting committee in Moldova and made it possible that the expert works closely with the European Bank for Reconstruction and Development EBRD to achieve the drafting of a law that meets international standards. Large, multi-purpose philanthropic foundations have been an important part of the picture as well.
The Moot Court is now in its sixth year. See Elizabeth A. At a conference in March held to introduce the new law, the majority of attendees were from banks. The proceedings of the conference were circulated after the meetings but have yet to be published. Summers and James J. IRIS also organized lectures and workshops for the legal and business communities. Russia, Kazakhstan, and Armenia incorporated secured transactions provisions in their civil codes. The civil codes are largely based on a model civil code prepared by the Scientific-Consultative Center for Private Law in conjunction with the Inter-parliamentary Assembly of the Commonwealth of Independent States.
See deLisle, supra note 52, at See Keith B. For instance, training sessions were held in Poland, Romania, Slovenia, and Ukraine. For instance, GTZ provided assistance for the drafting of civil codes or specialized "private law" statutes in Hungary, Moldova, Poland, Russia, and Ukraine. Markesinis ed. This book was not the first time he had considered the question of legal transplants.
Many of his historically-based writings, beginning in the s, contain the seeds of his theory that are fully explored in his book and subsequent works. Watson, supra note 72, at He lists nine factors that are relevant: pressure force, opposition force, transplant bias, discretion factor, generality factor, societal inertia, felt-needs, source of law, and law-shaping lawyers.
See Watson, supra note 72, at Kahn-Freund, supra note 70, at Ewald labels this theory the mirror theory of law and argues that it does not constitute a single theory, but a class of theories that hold that there is a causal link between law and some aspect of society. Ewald, supra note 71, at See Kahn-Freund, supra note 70, at Three factors should be considered: 1 the macro-political structure of the donor state democracy or dictatorship?
See Stein, supra note 74, at See generally R.
Int'l RHDI She makes extensive references to the reception of Roman law, id. See Heim, supra note 71, at n.
For example in the context of the EU, the Brussels Convention provides for jurisdictional provisions for trusts, which arguably are not known in all member states of the EC. Similarly, the Product Liability Directive introduced an objective liability that was previously unknown to French law.
See Markell, supra note 14, at EBRD ranks foreign investment laws , Fin. Times E. Assessment criteria were the extensiveness and the effectiveness of legal rules. With Deloitte estimating that , jobs in the legal sector could be lost to automation in the next few years, what do you think the law firm of the future might look like?
I certainly think there will be some automation, I think law firms will change going forward. But what you will see increasingly change is the number of people who are not qualified lawyers, they have other skills; they may be accountants, they may be marketing experts, they may be data analysts or management consultants. How do you think those who champion globalisation can make it work for those who fear it? Clearly something is wrong. There is a disconnect between the elites, if you want to put it that way, and the families left behind.
But, I think we probably need to do deal with that by systems of governance, people need to feel that they can relate to things that are closer to home. It seems that the EU looks in difficulty. What do you feel are the greatest obstacles facing these institutions in being effective, impactful institutions? I find it very strange because in my view the European Parliament has enormous powers but part of the problem is that it gets subsumed in the detail rather than looking at the bigger picture.
When it tries to look at the bigger picture, it hits up against nation states and governments. How important is it for state governments to acknowledge the issue of climate change?