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Globalization Of Private International Law In Economic Globalization

Posted on:2005-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2156360122999552Subject:International Law
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Ever since now globalization can't be avoided either by countriesand international organizations or enterprises and residents. It surgedlike a huge tide and impacted every field in the international society.Scholars in the field of private international law have predicted thedeveloping trend on it with effects of economic globalization. Thencame the concepts of harmonization of private international law andinternationalization of private international law. The author argued thatit is the term on globalization of private international law that couldreveal the developing trend of private international law with effects ofeconomic globalization more properly. The author will probeglobalization of private international law in economic globalization. There are three parts in this paper. The creative background wasintroduced in the first part of this paper. A concise commentary oneconomic globalization was mainly concerned based on induction onthe signification and representation of economic globalization.Economic globalization is globalization of market economy. It is alsointegration and interaction of countries and areas all over the world.Economic globalization is an object fact that will not change withmen's will, which has brought both opportunity, welcome, cooperation,harmony and challenge, risk, competition, contradiction. Economicglobalization has established the new Utopia without economicboundary. Firstly, economic globalization has promoted the formationof global competitive rules and market discipline. Secondly, economicglobalization has provided risk on violation of economic sovereignty aswell as new chances for increasing economy for developing countries.Thirdly, conflicts among all countries have become more and more.Fourthly, sovereignty has never lost its meaning because of economicglobalization. The research on globalization of private international law underthe condition of economic globalization was put forward in the secondpart and this is the core of the paper. First, the author defined such 41concepts that often mentioned by people them and would be used in thefollowing argumentation as economic globalization, economicuniformization, globalization of law, harmonization of law,uniformization of law, globalization of private international law,harmonization of private international law, uniformization of privateinternational law. Globalization includes two meanings at differentlevels. The former refers to harmonization of private international law,which is the lower level meaning of globalization of it. And at this levelglobalization of private international law is equal to harmonization ofprivate international law. The latter refers to unification of privateinternational law, which is the higher meaning of globalization ofprivate international law. The above statements made the foundation ofthe following argumentation. Second, the reality of harmonization ofprivate international law under in economic globalization is mainlyembodied in two levels. One is unification of substantial laws andconflict rules that show the unanimous position of each country. Theothers are similar rules prescribed in conflict rules of each country. Afirst, unification of conflict rules and substantial laws are expressingharmonization of private international law. Next, from the civil conflictrules of each country we could see major parts are still differentbecause sovereignty exists as well as harmonization has turned up insome parts with impulse of economic globalization. Thus we can drawa conclusion that harmonization of private international law is notentire but sectional. Finally, the author argued that harmonization ofprivate international law would be strengthened and then come intouniformization. The prediction of the trend on development of privateinternational law was proposed in the third part. Firstly, both deepeningof reasons of harmon...
Keywords/Search Tags:Globalization
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