Globalisation, Law and the State
Langue : Anglais
Auteur : AUBY Jean-Bernard
This book begins – as is customary in globalisation literature – with an
acknowledgement of the definitional difficulties associated with
globalisation. Rather than labour the point, the book identifies some
economic, political and cultural dimensions to the phenomenon and uses
these to analyse existing and emerging challenges to
State-centric/territorial models of law and governance. It surveys three
areas that are typically associated with globalisation – financial
markets, the internet, and public contracts – as well as trade more
generally, the environment, human rights, and national governance. On this
basis it considers how global legal norms are formed, how they enmesh with
the norms of other legal orders, and how they create pressure for legal
harmonisation. This in turn leads to an analysis of the corresponding
challenges that globalisation presents to traditional notions of
sovereignty and the models of public law that have grown from them.
While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), the book provides a clear insight into how the sovereign space of States and their legal orders is diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by analysis of the theory and practice of the globalisation of law, and suggesting that the workings of law in the global era can be best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. The whole is an immensely valuable, innovative and concise study of globalisation and its effect on law and the state.
While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), the book provides a clear insight into how the sovereign space of States and their legal orders is diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by analysis of the theory and practice of the globalisation of law, and suggesting that the workings of law in the global era can be best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. The whole is an immensely valuable, innovative and concise study of globalisation and its effect on law and the state.
Jean-Bernard Auby is Full Professor, and Director of the Center on Changes in Governance and Public Law, at Sciences Po, Paris.
Date de parution : 03-2017
Ouvrage de 176 p.
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 56,24 €
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