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From Globalization Of Law To Global Governance

Posted on:2013-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:J PanFull Text:PDF
GTID:2246330371488241Subject:Legal theory
Abstract/Summary:PDF Full Text Request
From the new century, the wave of globalization has been sweeping the world. Many countries are integrating and participating into the process of globalization actively. Globalization has become an undeniable and inescapable reality trend Also the globalization of law has become an fact which can not be ignored and an integral part of globalization. We should face and accept this fact. We should understand and study the globalization of law with an open, development and diverse perspective. The most prominent content of the globalization of law is its diversity. The law which adjust more and more cross-border of interest under globalization is a legal entity including national law, cross-national law, the NGO law, as well as many new forms. The different form law’s interaction and coordination is a new legal practice of legal globalization.The globalization of law has caused some impact on the previouse country-based legal system, and deconstructed the original legal system from two aspects, the internationalization of law and the global law. But this deconstruction does not mean completely removing it. The country is still in the most important irreplaceable position in the global legal order. The country-based legal system is still the of-course basis of the globalization of law.With evolution of the globalization, expanding space of human interaction, the global legal order is being reconstructed, and towards the depth of the continuous development. The country-based legal system is first suffered from the impact of the internationalization of law. National sovereignty is challenged in a certain degree and transfer partly to the worldwide international organizations, the regional international organizations. The Internationalization of law is the important part of the globalization of law. But the deconstruction to the country-based legal system is limited. It is still a legal development process led by the nation-state. International law is just an extension of the nation-state sovereignty.Next, with development of the globalization, the global law which derived from non-political center is showing an increasingly important role. It has a close structural links with the global economy, global society and changes according to global economy and global society’s urgent requirements. Thus, the global law is "social law", not "political" or "national". The global legal system is increasingly showing diverse characteristics and various parts coexist in harmony. This global legal order being incorporated into global governance, includes several important aspects:the worldwide international organizations, the regional international organizations, countries, NGO. The worldwide international organizations, regional international organizations is considered to be a national power to grant or extend. Non-governmental organizations is a certain degree of deconstruction and supplement of state power. These different parts co-ordinate, harmonious coexist and participate in to the global governance. However, the global legal order itself is a particularly complex objective facts. Many legal issues remain to be in-depth study.
Keywords/Search Tags:Globalization of law, Internationalization of law, Global law, Global governance
PDF Full Text Request
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