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Macau Periodical Index (澳門期刊論文索引)

Author
Behr, Volker
Title
Globalizing law in a globalizing world
Journal Name
澳門科技大學學報
Pub. Info
Dec. 2007, Vol.1, No.2, pp. 108-113
Keyword
Law;Globalization;Globalizing world;Legal transplant;Legal education
Abstract
Abstract : Globalization of law has antecedents in earlier centuries, but this phenomenon has taken on greater significance in recent decades, accompanying such developments as globalization of the economy. Three major aspects of the contemporary globalization process are: (i) law-making in which comparative law research, transplantation of law from other jurisdictions, international cooperation in domestic law-making, supra-national legislation (as in the European Union), and unification of law by international conventions play a role; (ii) legal education which introduces law students and teachers to the laws and legal systems of other jurisdictions; (iii) the application of law, in which foreign courts’ decisions and the work of foreign scholars are applied and consulted and in connection with which global law firms have developed. Paragraph Headings: 1. Introduction 2. Globalized law-making 2.1. Law-making based on comparative research 2.2. Legal transplants 2.3. International cooperation in domestic law-making 2.4. Unification of law by international conventions 2.5. Supra-national legislation 3. Globalizing legal education 4. Globalizing the application of law 4.1. Foreign courts’ decisions and foreign scholarly writing in domestic courts 4.2. Globalized lawyering 5. Conclusion