National legal systems and globalization: New role, continuing relevance

Pierre Larouche, Peter Cserne

Research output: Book/ReportBook

Abstract

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.
Original languageEnglish
Place of PublicationThe Hague, Netherlands
PublisherSpringer
Number of pages388
ISBN (Electronic)9789067048859
ISBN (Print)9789067048842
DOIs
Publication statusPublished - 1 May 2013

Keywords

  • Comparative law
  • European private law
  • Globalization
  • Law and economics
  • Naitonal Law

ASJC Scopus subject areas

  • Social Sciences(all)
  • Arts and Humanities(all)

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