Globalization Of Law Research Articles

The Globalization of Law and The Dialogue of Judges

The globalization of law has led to a convergence of national laws and jurisprudence, allowing for the recognition of universal principles. This research investigates how national judges can influence transnational legal systems and push national legislators to adopt them. Comparing legal systems from politically distant countries and jurisprudence from similar groups, such as the European Union and the USA, the study found that these transformations sometimes give judges authority that exceeds legislator authority.

General Application of International Treaties in China

The world today is undergoing major changes unprecedented in a century. World multipolarization, economic globalization, social informatization and cultural pluralism are developing in depth, and the pace of reshaping the global pattern and international order is accelerating. As an objective historical process, the globalization of law has also become an irreversible trend of the times, which undoubtedly challenges the traditional theory of the relations between international law and domestic law. Under such a new world pattern, China pursues and advocates a new type of international relations and values, and has always attached great importance to the implementation of international law and related international obligations. However, in China, the study of how to apply treaties is limited to theoretical discussions, there are many uncertainties in judicial practice, and there are still legislative gaps in the hierarchy and method of treaty application in the domestic legal system, which are all issues that need to be solved urgently.

Legal globalization: concepts, features, classification criteria.

The article carries out a theoretical and legal analysis of the concept and criteria of legal globalization and its impact on national legal systems, stages of its formation, features, classification criteria. Various views on the periodization and reasons for the formation of globalization processes are presented, the main ones being information technologies, which fundamentally change the entire system of socio-economic relations, transfer organizational-economic relations, transport and communication links to a qualitatively new technical level; aggravation of problems that are common to all people and countries of the world and important from the point of view of the preservation and development of human civilization. The well-founded opinion that globalization is a complex, multifaceted, multidirectional process, as a result of which there is a strengthening of relationships between the natural and social world, between countries and peoples, cultures and states, as well as between individual individuals. The forms and methods of the effect of globalization on the political and economic, legal and social life of states and peoples are considered. A classification of global problems that contribute to legal globalization and require the unification of efforts of all subjects and the development of joint solutions is proposed. The main directions of its influence on the legal sphere are analyzed: universalization and unification of law. The main direction of the influence of globalization on law is its universalization, which consists in the development of common basic principles and institutions of law, the elimination of contradictions between national legal systems. In turn, law becomes an important (valuable) tool of globalization, since the absence of a single legal field, its lack of formation (contradiction) slows down globalization processes in various spheres of formation and functioning of world society. In addition, law acts as the main ideological basis of globalization, which is designed to contain the negative aspects and consequences of globalization. It is concluded that the growing trend towards international legal globalization contributes to the emergence of new principles and norms of law, the establishment of which previously belonged to the sphere of internal affairs of sovereign states. This significantly updates the state and legal systems of the members of the world community in the context of modern universal standards. The globalization of law itself, the progressive development of universal properties, norms, forms and procedures of the legal type of social life is a necessary stage and demonstrates the ability of law to regulate the processes of societal globalization within the framework of the general legal world order. Key words: globalization, legal globalization, integration, legal integration, internationalization of law, legal convergence, reception, harmonization, unification of law, universalization of law, standardization of law, norms of international law, norms of national law, legal system, world legal order.

АНАЛІТИЧНИЙ ОГЛЯД ПУБЛІКАЦІЙ З КОНСИТУЦІЙНОГО ПРАВА У ВИДАВНИЦТВІ ОКСФОРДСЬКОГО УНІВЕРСИТЕТУ (Монографічні видання)

The integration of Ukraine into the world and European research space in the field of jurisprudence requires a thorough acquaintance with the latest methodological approaches and theoretical and doctrinal developments of the world's leading experts. Familiarity with the publishing activity of foreign legal scholars and the work of academic publishing houses plays an important role in this regard. The presented analytical review highlights the activity of publishing constitutional and legal studies of the Oxford University Press, which is the largest university publishing house in the modern world. The characteristics of constitutional publications are structured according to thematic sections: sources of constitutional law and reference publications, studies on the constitutional law of individual countries and regions, as well as problems and phenomena related to constitutional development (freedom, deliberative democracy, human rights, local self-government). If we depart, so to speak, from the territorial principle, the following thematic blocks can be distinguished in relation to the issues of Oxford University publications on constitutional law: a) comparative legal constitutional studies; b) analysis of constitutionalism within the framework of classical doctrinal discourse (constituent elements of constitutionalism, constitutionalism in the philosophical dimension, problems of the social context of modern constitutionalism); c) globalization of law and the phenomenon of global (transnational, supranational) constitutionalism. This distinction is quite arbitrary, because two or more problems may be covered in a particular publication. Publications of the University of Oxford accumulate the main achievements of world jurisprudence in the field of constitutional law. Many of the characterized editions are available on a special online resource "Oxford Scholarship Online".

Chinese Legal Thought on the Global and the Domestic Stage: A Rhetorical Study

AbstractChinese Communist Party ideologues and a number of prominent legal scholars have become outspoken about the global significance of Chinese legal thought. The question is, however, whether the ambitious statements about the global importance of Chinese legal thought are supported by legal theoretical arguments, which could be influential abroad. This article examines the interaction between the domestic and global stages of Chinese legal speech through the tools of rhetorical theory. Arguments about the nature and global significance of Chinese law are made for different purposes and for different audiences. The most ambitious statements about the global significance of Chinese legal thought are produced within a ‘ceremonial’ genre of speech. Domestic Chinese ceremonial speech is meaningful in the Chinese context, but it translates poorly to globally influential ideological speech. Foreign audiences will find more persuasive arguments about the significance of Chinese legal thought in Chinese deliberative speech, such as parts of Chinese legal scholarship. While arguments made in the deliberative genre are more persuasive than ceremonial speech, specific argumentative moves within this genre are not always helpful for the international advocacy of Chinese legal thought. Moreover, arguments in the deliberative genre are not consistently reflected in Chinese judicial decisions. These observations highlight the role of language and persuasion in the globalisation of law.

ПОТЕНЦІАЛ ФОРМУВАННЯ І РОЗВИТКУ ПОЛІКОНФЕСІЙНОСТІ В УМОВАХ ГЛОБАЛІЗАЦІЇ ТА СЕКУЛЯРИЗАЦІЇ

The article examines the potential of the phenomenon of poly confessionalism as a process, its formation and development in the conditions of globalization and secularization. It is important to consider and synthesize – analyze issues of convergence and divergence, formation and development of various religious, cultural, global and secular processes in a multi-confessional society. Their influence on the historical process and further existence are questions that are relevant for scientists in general.The topic is considered from the point of view of a social phenomenon that has historical origins and deepens over the years in society. Based on the approaches and methods of researching the topic of the potential of the formation and development of multi-confessionalism in the conditions of globalization and secularization as a process of modernity, it is considered in the context of multiculturalism from the point of view of socialization and the transition of society from rapprochement to separation in the conditions of war, hybrid processes, resistance to changes in the world order and clash of barbarism and civilization, macro-historical and local processes. Let's consider the following concepts: "globalization", "globalization of law", "convergence", "divergence", "secularization", "formation of social phenomena in conditions of multi-confessionalism". What made it possible to reach the conclusions: The potential and development of the multi-confessional society in the conditions of secularization and globalization and is made in accordance with the observance of the rights of freedom of man and citizen. Globalization is equated with democracy because nowadays there can be no norms of democracy without globalization processes. Globalization in Ukraine takes place through the adoption of European laws and the adoption of general traditions of the Western world.

Re-globalization and Its Impact on Law

The current state of cultural, economic, and political systems on a global scale is difficult to characterize from the point of view of globalization: on the one hand, the world is technologically unified and interconnected, on the other hand, trends are forming in the protection of their identity by different countries and regions and the struggle of national cultures against dissolution in a single global world order. Such trends can be described as re-globalization. Law is a part of these processes, and objections to universal law based on the models and values of Western countries are becoming more and more clearly visible. However, if the globalization of law, the erasure of differences between national legal systems, has an impressive theoretical and scientific justification, then the protection of national legal identities is not so developed, and the ideas about the global diversity of law are largely formed in the discourse, in the language and in the coordinate system of Western legal science. The purpose of the study is to outline the contours of legal re-globalization, to identify the obstacles that create the current ideas about the typology, values, comparability of legal systems of different countries of the world, and to identify the ideological foundations on which re-globalization can rely. To achieve this goal, the tasks of describing the social and legal dimension of globalization and re-globalization, assessing the perception of different legal traditions in modern law, identifying value limitations of borrowing legal institutions and norms from other legal systems and requirements for a new description of law as a social phenomenon on a value- and culture-neutral basis are set. The method of research is the generalization and analysis of the modern perception of differences in legal systems and their interaction. Conclusion: it is necessary to form a value-neutral description of law that identifies common features of law in different socio-cultural contexts, taking into account non-Western legal traditions, which will allow developing conceptual characteristics of the identity of different legal systems.

THE LAW GLOBALIZATION IN CYBERCRIME PREVENTION

Globalization makes the world without borders, countries compete freely in various fields, and sometimes cross the jurisdictional limits of a country, overcoming cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have a separate law that regulates cybercrime. The approach method using normative juridical. The results of research and discussion stated that The law globalization and politics provides cybercrime countermeasures in the application of legal norms between nations, which increasingly play an important role, especially how to regulate all forms of advances in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. Cybercrime regulation in legislation is absolutely necessary. Regarding jurisdiction over this crime, which is a global crime, it is necessary to have a separate law that regulates cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercrime actors who harm the state even though they are outside the territory of the country.

A Study of the Translation of English Legal Vocabulary under the Guidance of the Skopos Theory

With the rapid development of society, most of countries around the world are all attaching importance to the construction of the rule of law. Many countries are drawing lessons from each others’ excellent legal achievements. Legal translation is an important branch of translation field and is playing an increasingly essential part in legal changes. With the deepening of China’s rule of law, China’s construction of legal system has stepped into a new phase. A large number of excellent Chinese legal documents are being translated into English, and many laws of Britain and America also have been translated into Chinese. The globalization of law has been an irreversible tendency. With the vigorous development of legal translation, how to correctly translate foreign legal achievements into Chinese has become a very arduous task for translators. The research field of legal translation includes the study of vocabulary, discourse, sentence and so on. The quality of translation of English legal vocabulary is key to deciding the quality of the whole translation of the legal text. Guided by the Skopos theory, which is a well-known theory put forward by German School of translation, the author makes a preliminary study on the translation of English legal vocabulary. By using and analyzing example sentences, the author makes summary about five characteristics of English legal vocabulary: common English vocabulary expressing legal meanings, use of ancient English vocabulary, parallel use of synonyms, use of modal verbs, use of professional terms and legal jargon. On the premise of conforming to the Skopos theory, four strategies of translating English legal vocabulary are summarized by the author according to these characteristics of English legal vocabulary, which are respectively fuzzy processing of English legal vocabulary, giving play to translators’ subjectivity, possessing consciousness of legal texts, correct use of domestication and foreignization. The author stresses the important role of translators’ subjectivity in the translation of English legal vocabulary, the correct use of domestication and foreignization and lastly links characteristics of English legal vocabulary, the Skopos theory and strategies of translation of English legal vocabulary effectively. The study has the certain innovation and reference significance in improving the quality of legal translation.

ON THE AUTHORITY OF TRANSNATIONAL LAW

This research aims to evaluate the contours of the Authority of Transnational Law and its consequences from the globalization of law. At the time when the norm is a source for constitution and legitimacy of power, power is a source for the production and application of the norm. To this end, this text presents the interfaces of the classic precepts of categories such as legitimacy, territory, power and authority related to state normative production, in contrast to national and transnational demands. It was concluded that the Authority that presents itself to Transnational Law influences national Law from the outside, so that the basis of the authority’s support is not based on economic precepts, but on institutional and normative responsiveness to the emerging demands and pretensions. For the development of this research, the inductive method was used, operationalized by the techniques of operational concepts and bibliographic research.

What’s Global Sports Law? The View from the Twittersphere

Sports competitions are some of the oldest global activities and have been extensively organized and regulated on a global level. As a result, it is common to speak of global sports law. However, what is global about sports law and the extent of sports law's globalization process is unclear. This article sheds new light on these questions by studying conversations about sports law on Twitter. It confirms the parallel existence of local and global sports law and identifies global sports law issues. However, it also reveals geographically-based differences in globalism and unexpected complexity.

THE GLOBALIZATION EFFECT OF LAW AND ECONOMIC ON CYBERCRIME

The globalization of law and the economy has led to developing countries' regulations on investment, trade, services, information technology, and other economic fields approaching developed countries (convergence), as well as the regulation of cyberspace activities that cannot be separated from relations with other countries. Norms of law between nations increasingly play an important role, especially how to regulate all forms of advancement in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. The regulation of cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have its own law governing cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercriminals to harm the state even though it is outside the state territory.

LEGAL ANALYSIS OF THE GENERAL CRIME IN THE RUSSIAN FEDERATION: STATUS AND TRENDS OF DEVELOPMENT

The current conditions of the ongoing intra-state socio-economic and political-legal transformations inevitably affect the state, structure and dynamics of ordinary criminal mercenary criminality. The conducted legal analysis confirms the urgency of the development and implementation of new, more sophisticated measures to counter theft, fraud, robbery, robbery and extortion, taking into account the development trends of these crimes against property. The renewed renovation of the Russian state system is accompanied by the adoption of the Concept of Long-Term Social and Economic Development of the Russian Federation, the National Security Strategy of the Russian Federation, which predetermine new directions of the criminal legal policy in minimizing the criminalization of public relations to ensure the security of various forms of ownership. The globalization of law, the changing polycentric world predetermine the expediency of following the universally recognized principles and norms of international law, including those aimed at effectively countering ordinary criminal mercenary criminality. Throughout the evolution of social development, the priority task of each state was the inviolability of property interests. Analysis of the state, structure and dynamics of crimes against property, regulated by Art. 158-1596, 161-163 of the Criminal Code of the Russian Federation, allows us to note the dominant position of ordinary criminal mercenary criminality. In this connection, conclusions are drawn on the trends in the development of the criminal situation, and the estimation of the illegality and collision of modern criminal legislation with regard to the construction of criminal law norms is given. The main directions of the criminal and legal policy in the sphere of novelization of the criminal law on counteracting common criminal mercenary criminality are to be understood. The topical issues of legislative and organizational-practical nature in the field of countering common criminal mercenary criminality are considered.

Reminding State Enterprises (BUMN) Management Using the Principle of ’Business Judgment Rule’: A Preliminary Note

This paper explains that the development of BUMN (state enterprises) as a corporation that carries out social and business missions is facing constitutional juridical problems and facing the challenges of globalization. Factually, at this time legal development cannot be separated from the influence of globalization. Globalization in the economic field has affected various fields of the business sector in the world. This globalization is followed by the globalization of law, which causes substantially various laws and agreements to spread across national borders, which causes the merging of legal principles (especially in the economic sector) from one country to another . For Indonesia, the logical consequence of this development is the demand to harmonize the principles of economic law in Indonesia, with the principles of economic law in the international world. Without harmonization, Indonesia can be ostracized in international business activities, because there is no certainty for legal protection for business and investment activities that are commonly carried out globally. The Constitutional Court in case number 48 / PUU-XI / 2013 and case No. 62 / PUU-X1 / 2013 dated May 22, 2013 decided that management BUMN must use the principle of Business Jugment Rule. In the ruling, it was also stated that state-owned finances were state finances. As a result, this ruling brings legal certainty about the position of finance of BUMN.

A Middle-range Theory of Legislation in a Globalizing World

It is a common truth that legislation, despite being the source of most of modern law, has never been the subject of deeper reflection on the part of the legal world. In particular, one of the central phases of law-making, namely the transformation of political directives into the legal discourse within legislative law-making processes (i.e. the transformation of politics into statutory provisions), has garnered little attention in the legal debate. Several reasons for such “dis-interest” can be mentioned: the dominance of (a distorted version of) legal positivist paradigms in legal thinking; or a vision of democracy (also distorted) as the builder of a massive wall between the making of the law. In recent decades, many such institutional conditions have changed. However, legislative studies have come up against another significant barrier that is becoming a central topic for legal scholarship and practices: the globalization of the law. The circulation of legal models around the world, applied as valid law (regardless of whether these are formally inserted in the various legal systems), has widened the gap between the process of creation of laws and their concrete implementation by the legal actors. Nowadays, the legal models valid in a certain legal system are often produced in legislative (and law-making) processes taking place in foreign and distant countries and/or supranational entities. Secondly, the globalization of the law has contributed to the fading of the nation state as primary regulator and thus a weakening of the nation state’s major regulatory tool, legislative law-making. Finally, due to the progressive specialization of law and (even more importantly) the globalization of law (and the consequent weakening of the traditional dogmas of “democratic” and national parliament-based law-making), there has been a process of increasing the distance between actors operating at the macro-level (e.g. political actors and political thinkers) and actors working at the micro-level (e.g. legislative drafters and legislative studies scholars). The purpose of this work is to offer a way to establish a link between these two levels (macro/politics and micro/drafters): a middle-range theory of legislation. The goal of this theory is to offer a structure capable of channeling the messages coming from the political world (e.g. as expressed in national and/or international assemblies) into viable and concrete legislative products (e.g. functioning legislative provisions).

Character, Method and Causes of Globalization of Law

Character, Method and Causes of Globalization of Law

Kebijakan Dan Hukum Persaingan Usaha Yang Sehat: Sinergitas Kawasan ASEAN Di Era Globalisasi

The globalization, acccording to Albrow, is all processes , where all human being in this earth incorporated in a single world , global society. Therefore, the process is pluralitic then we see can in a pluralism. On the other hand, the globalization of law exists in across the world strengthen the fundamentals of building in a New Lex Mercatoria (NLM) has existed since 1960 has been introduced by the experts of international business emerged the unification of international trade law can usually be seen in Model Law, Uniform Law, the rules of international Organizations or international convention. ASEAN Competition Conference (ACC's) which was held on 15-16 November 2011 in Bali last, aiming to achieve regional acceptance of the importance of competition policy from the various stakeholders, such as government agencies, lawmakers, businessmen, politicians, and academics. Acceptance and support will be required Member States to encourage and accelerate the adoption and strengthening of competition policy and law (CPL) in the ASEAN region in the constellation of Global trade area. A culture of fair competition and business rivalry in turn will help achieve economic integration, dynamics and competitiveness, including the release of trade and investment, as set out in the AEC Blueprint set out in the Conference.

Religion between Liberty and Equality

In this paper I argue that the shift from liberty to equality in the legal regulation of freedom of religion is part of a larger process of globalization of law that can change the “quality” of the right to freedom of religion and belief However, this shift does not have the same impact on different areas of the legal regulation of freedom of religion and belief. Moreover, it needs to be contextualized and considered in the light of the different historical and cultural background of each country. For these reasons the shift from liberty to equality cannot be understood as a linear process. The forms it takes and its final outcome can be very different according to the legal fields and the countries that are taken into consideration. Europe, with its rich background of internal diversity, provides a good case-study to test the soundness of this claim.

El derecho constitucional comparado en el ordenamiento constitucional nacional: a propósito del IX Congreso Mundial de Derecho Constitucional

A partir del proceso de globalización del derecho, el derecho constitucional comparado ha ido adquiriendo un rol protagónico para una mejor comprensión y solución de los viejos y nuevos desafíos constitucionales, tanto nacionales como internacionales. Por ello, se presentan algunos presupuestos y consideraciones temáticas a tomar en cuenta para el desarrollo del ordenamiento constitucional nacional en el marco del derecho constitucional comparado, tales como la universalidad y el relativismo de los derechos humanos; el concepto de poder y democracia constitucional; los estándares de elecciones libres e independencia judicial; la libertad de expresión, la pluralidad informativa y el acceso a la información pública; los derechos económicos, sociales y culturales, y; los nuevos derechos fundamentales.

Intellectual property rights and challenges for development of affordable human papillomavirus, rotavirus and pneumococcal vaccines: Patent landscaping and perspectives of developing country vaccine manufacturers

The success of Gavi, the Vaccine Alliance depends on the vaccine markets providing appropriate, affordable vaccines at sufficient and reliable quantities. Gavi's current supplier base for new and underutilized vaccines, such as the human papillomavirus (HPV), rotavirus, and the pneumococcal conjugate vaccine is very small. There is growing concern that following globalization of laws on intellectual property rights (IPRs) through trade agreements, IPRs are impeding new manufacturers from entering the market with competing vaccines. This article examines the extent to which IPRs, specifically patents, can create such obstacles, in particular for developing country vaccine manufacturers (DCVMs). Through building patent landscapes in Brazil, China, and India and interviews with manufacturers and experts in the field, we found intense patenting activity for the HPV and pneumococcal vaccines that could potentially delay the entry of new manufacturers. Increased transparency around patenting of vaccine technologies, stricter patentability criteria suited for local development needs and strengthening of IPRs management capabilities where relevant, may help reduce impediments to market entry for new manufacturers and ensure a competitive supplier base for quality vaccines at sustainably low prices.