Evolution of Legal Consciousness and Law Enforcement: Paradigmatic Shifts in Private International Law (or When will international commercial arbitration put an end to law?)

Abstract

The modern world order under the influence of globalization processes has changed considerably leading to a paradigm shift in law, to serious displacement °f concepts of understanding contributing to the methodological crisis of modern theory of law. A new legal reality of the XXI century transformed by globalization and examined in the context of legal anthropology draws the new future of that is created not only by state authorities, but also by private actors: A global business community or business elite by means of transnational and multinational organizations, supranational structures. A disciplinary matrix of private international is also undergoing significant changes being at the forefront of the ongoing transformations. And if the system of private international based on the postulates of a positivist legal science still does not include the of non-state regulation, the modern paradigm of private international is already inconceivable without appropriate rules. Legal instruments used to regulate cross-border relations, the nucleus of which is formed by of law, are greatly enriched today by quasi-judicial (non-legal) means rather than new of law. A significant place is occupied now by of non-governmental regulation that in the context of this study are qualified as collective and the most neutral designation of norms of non-governmental origin governing cross-border relations. The process of active application of non-state regulation in the area of cross-border trade started in the sphere of transboundary trade regulation and has spread to virtually all types of trans-boundary relations of civil nature, albeit with a very different degree of penetration and recognition of relevant rules, as well as with different admissible functionalities. A living, flexible, adaptive, self-organizing, mobile regulatory environment is shaped by supplanting, replacing, adapting, enriching traditional legal regulators. What is particularly important, and in the nearest future can lead to global consequences, is that the of non-governmental regulation form a special regulatory system of not ideally-abstract vacuum type that serves the purpose of modelling the future legal systems, but the system carrying out an obviously applied purpose as an applicable law in the context of well-developed and widely recognized destinator on the international scene, i.e. international commercial arbitration. In fact, there is some fundamental rift in the matter of understanding and, as a consequence, enforcement (application of norms) in the practice of national courts in different countries and in the practice of international commercial arbitrations resolving cross-boundary disputes.. The term rules of law clearly understood by any domestic lawyer takes on new sacred importance in private international and in international commercial arbitration. The author makes an attempt to assess developments in the context of private international law. The current legal reality that is being studied in the context of legal anthropology, synergetics, integrative approach to provides new answers to contemporary challenges that are highly relevant to private international and its institutions. This approach, i.e. examining developments in international private through the prism of legal theory, allows for updating, enriching, modernizing the doctrine in question.