Convergence and Divergence of National Legal Systems
Coping with the Challenges of Globalisation:
A TILEC Contribution to the HiiL Research Programme
Globalisation challenges national legal systems to identify and maintain their “core” while accepting that non-core elements will evolve as more complex institutional structures emerge. A first part deals with issues of convergence and divergence:
In the light of globalisation, why is there convergence or divergence of legal systems and how can it be identified and measured? When and how should divergence be corrected, if at all? A second part touches upon the evolution of fundamental principles, asking if and how the rule of law and accountability are translated into principles of good governance suited to a globalised environment.
Project Leader
- Prof. Pierre Larouche - Tilburg University
Researchers
- Dr Filomena Chirico
- Dr Saskia Lavrijssen
- Prof. Eric van Damme
- Dr Paul de Bijl
- Dr Leigh Hancher
- Prof. Damien Geradin
- Dr Walter van Gerven
- Dr Peter Cserne
Grant Awarded: € 211,600,-
Matching: € 25,000,-
Duration: June 2007 – December 2011
Scientific Publications
2009
- Cserne, P. (2009) “Policy arguments before courts: The role of consequentialist reasoning
in judicial procedures”.- Paper presented at the Central and Eastern European Forum of Young Legal, Social and Political Philosophers (Silesian University Katowice,
2 May 2009), Seminar on Legal and Economic Reasoning (Université de Paris Ouest Nanterre la Défense, 13 May 2009), Post-doctoral Conference in Law and Economics (Universität Hamburg, Graduiertenkolleg Recht und Ökonomik, 18 July 2009) and forthcoming in a volume with selected papers from the Katowice Forum in 2010.
- Paper presented at the Central and Eastern European Forum of Young Legal, Social and Political Philosophers (Silesian University Katowice,
2008
- Chirico, F. and Larouche, P. (2008) “Conceptual Divergence, Functionalism, and the Economics of Convergence”, in The Coherence of EU Law. Eds: Prechal, S.
& van Roermund, B. OUP. pp. 463 - 494.- View the book's webpage
- View the full text of the chapter's draft version on SSRN
- Chirico, F. (2008) “When is Divergence a Problem? The Case of a Global Competition Order”.
- Presentations based on this paper were made at the CLEEN Workshop in Norwich, UK, on 12 - 13 June 2008 and at the XXV Conference of the European Association of Law and Economics in Haifa, Israel,
(24 - 26 September 2008) - Paper soon to appear in the TILEC DP Series on SSRN
- Presentations based on this paper were made at the CLEEN Workshop in Norwich, UK, on 12 - 13 June 2008 and at the XXV Conference of the European Association of Law and Economics in Haifa, Israel,
- Larouche, P. (2008) “Ex Ante Evaluation of Legislation Torn amongst Its Rationales”, TILEC Discussion Paper No. 2008-029.
- Lavrijssen, S. and Hancher, L. (2008) “European Regulators in the Network Sectors: Revolution or Evolution?” TILEC Discussion Paper No 2008-024.
2007
- De Visser, M. (2007) “Revolution or Evolution – What Future for EC Communications Law?” TILEC Discussion Paper No 2007-028.
Update
In the academic year 2009 - 2010, Prof. Pierre Larouche, the Project Leader, is using his HiiL funding to finance a sabbatical at Northwestern University, a top 10 US law school with great research facilities and an institutional environment resembling that of Tilburg University. During the sabbatical year, Prof. Larouche will carry out his work on ‘regulatory emulation’ – a notion that has emerged as one of the central objects of inquiry in this research project - and will also write the project’s concluding paper.
Contact Information
Morly Frishman | Research and Programme Officer
+31 70 349 4409 | morly.frishman@hiil.org