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National Legal Systems and Globalization: New Role, Continuing Relevance

National Legal Systems and Globalization: New Role, Continuing Relevance

Paperback

General Law

ISBN10: 9067049808
ISBN13: 9789067049801
Publisher: Springer Nature
Published: Dec 14 2014
Pages: 390
Weight: 1.23
Height: 0.82 Width: 6.14 Depth: 9.21
Language: English
This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

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