Convergence and divergence of national legal systems: Coping with the challenges of globalisation

Convergence and divergence of national legal systems: Coping with the challenges of globalisation

This research project, carried out between 2007 and 2012, analysed the various ways national legal systems cope with the challenges of globalisation.

By including economic analysis and regulatory theory in its underlying approach, the project went beyond traditional doctrinal and comparative research. The research included case studies in market regulation and competition law, in private law at European and national level and several new insights on the institutional implications of globalization for legislative, administrative, and adjudicative processes.

The project has found that globalization, far from threatening national legal systems, gives them a new role. Instead of presenting themselves as self-contained, self-referential and self-justified systems, national legal systems becomes illustrations, examples or applications of a broader and more abstract body of knowledge about law (which one could term ‘global law’). At the same time, they feed into that body of knowledge, which is enriched with their experience. National legal systems thereby maintain continuing relevance.

Publications

Larouche, Pierre and Cserne, P├ęter (Eds.), National Legal Systems and Globalization: New Role, Continuing Relevance, T.M.C Asser Press/Springer Science, 2012.