To talk of global law, global governance, or global ideology as if these concepts have any precise meaning is simplistic and potentially threatening.1William Twining
As has become clear from the above, legal globalisation is not only about law in a substantive sense, but also about legal culture and transnationalising normativities. Yet, there are many legal questions or at least questions having to do with bodies of rules. For this reason, we may speak of complexification of legalities on a global scale. It comes as no surprise, then, that one elemental approach to legal globalisation is to concentrate on normative dimensions of laws and other types of legalities, spilling over old boundaries and defying classical understanding of state sovereignty and states as the sole sources of law. These issues are such that they are relatively easy to identify as specifically questions of law. Sarcastically, these are questions that even lawyers comprehend.
This chapter discusses a few of the main themes, namely the rule of law, law and development, global constitutionalism, global governance, human rights, and lex mercatoria. To be sure, these are certainly not the only relevant dimensions in law and globalisation, yet they most certainly are core parts of legal globalisation. This chapter focuses on three major themes, which are the rule of law, global constitutionalism, and lex mercatoria. Other issues related to them are dealt with under the three main headings. Moreover, the role of judicial bodies and the judiciary in globalisation is also addressed...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.