La mondialisation et le droit : éléments macrojuridiques de convergence des régimes juridiques
AbstractAs human, cultural and economic exchanges drive the globalization process, contracts inevitably are the legal vehicle. The dialectic connection existing between globalization and contract has led to an adjustment of its role, but also to a change in the perception of the world by the contracting parties. Due to the resulting higher rationality, the best informed agents systematically take their decisions on the basis of a comparison between the different legal systems. This competition between legal systems indirectly makes them convergence. Indeed, globalization is ?multi-scaled? to the extent that all the aspects of human activities are involved, which constitute the substratum of world exchanges. In particular, all economic activities are concerned from classical exchanges of goods to banking and financial activities and transnational labor relationships. Non-economic exchanges, such as in cultural matters, are affected as well. The various branches of the different legal systems are directly influenced by these exchanges. Moreover, globalization, without putting into question the conceptual distinction between a ?national legal subject? and an ?international legal subject?, creates new legal actors : transnational actors, which generally are meant when talking of international actors. Actually, they are constituted on the basis of an ?organizationcontract? from which they derive their normative and economic power. This ?multi-scalarity? is conducive to the State loosing its monopoly over the production of legal norms. This loss comes not unexpected, but it is consciously agreed to by the States. As a proof, we only need to look to the way regulations by transnational actors are accepted within a State?s legal order. This multiplication of the sources of globalized law causes difficulties mainly due to the superimposition of the ?legal areas?. However, these difficulties will decrease as international civil society and transnational civil society meet. And this meeting favors harmonization of legal systems.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by De Boeck Université in its journal Revue internationale de droit économique.
Volume (Year): t. XXII, 3 (2008)
Issue (Month): 3 ()
Contact details of provider:
Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm
domestic legal orders; competition between legal orders; transnational actors; transnational regulations;
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.