Topic 2: Perspectives on Law and Globalization

A. How Is Global Law Created?

1. Overview: Why Create Global Law?

When Did the Current Process of Globalization of Law Begin?

The Development of Human Rights Language
National Boundaries Become Less Important in a Global Age

Reasons to Create Global Law

Rules of War

International Law to Cosmopolitan Law

Human Rights

The Development of Human Rights Language
International Law to Cosmopolitan Law

Expanding Markets

Where Does Globalization Come From?
National Boundaries Become Less Important in a Global Age
Sovereignty over Global Markets Becomes More Complex
Economic Globalization: An Appraisal
Globalization Is Fundamentally Cultural
Four Sites of Struggle over Global Law

Environment

National Boundaries Become Less Important in a Global Age
The Globalization of Culture Involves Risk and Misfortune

2. Overview: Effects of Global Law on Sovereignty

Complex Sovereignty

A New Vision of a Global Legal Order
Three Perspectives on Globalization
Who’s in Charge? Rethinking Sovereignty for a Global Age
Public-Private Networks Shape International Commercial Law
Sovereignty over Global Markets Becomes More Complex

Regionalization and Beyond

National Boundaries Become Less Important in a Global Age
The Development of Human Rights Language

3. Overview: Sources of Global Law

Creating Global Law from Local Law

How to Create Legitimacy in Global Lawmaking
How Countries Deal with Incomplete Law
Why Is Law Globalized? It Depends on the Type of Law
Why Has the IMF Failed Its Mission?

Transnational Sources

Why Is Law Globalized? It Depends on the Type of Law
Creating the International Field of Commercial Arbitration
International Law to Cosmopolitan Law
The Development of Human Rights Language
Ways UNCITRAL Fosters Legitimacy

Americanization?

Four Theories of the Global Impact of Law
Why Is Law Globalized? It Depends on the Type of Law

The Politics of Legitimacy

Creating Global Law Involves Fights for Legitimacy
How to Create Legitimacy in Global Lawmaking

B. How Is Global Law Received?

1. Overview: Local Reactions to Global Law

Adopting or Adapting of Global Law

How to Resist Transplanted Law: China
How to Resist Transplanted Law: South Korea
How to Resist Transplanted Law: Indonesia
How Countries Deal with Incomplete Law
Why Has the IMF Failed Its Mission?

Resisting Global Law

How Countries Resist Global Institutions

2. Overview: What Influences the Local Reception of Global Law?

What Is Transplanted Law?

The Demand for Transplanted Law Affects Its Adoption

Local Reception of Global Law

Familiarity

The Demand for Transplanted Law Affects Its Adoption
Evidence for the Transplant Effect

Participation in the Creation of Global Law

Ways UNCITRAL Fosters Legitimacy
How UNCITRAL Overcame Challenges to Create Global Insolvency Norms

Local Demand

The Demand for Transplanted Law Affects Its Adoption
How to Resist Transplanted Law: China

Local Politics

How to Resist Transplanted Law: South Korea
Four Sites of Struggle over Global Law
What Can Anthropology Contribute to the Study of International Law?

Filling Holes in the Law

What Can Anthropology Contribute to the Study of International Law?

Ability to Adapt

Evidence for the Transplant Effect
How to Resist Transplanted Law: Indonesia

Local Expertise

How to Resist Transplanted Law: South Korea

Social and Historical Conditions

Creating Global Law Involves Fights for Legitimacy
Who’s in Charge? Rethinking Sovereignty for a Global Age
How Countries Deal with Incomplete Law

Sources Analyzed for This Topic

Berkowitz, David, Katharina Pistor, and Jean-Francois Richard. 2003. "The Transplant Effect." The American Journal of Comparative Law 51:163-203.

Evidence for the Transplant Effect

The Demand for Transplanted Law Affects Its Adoption

Halliday, Terence C., and Bruce G. Carruthers. 2007. "Foiling the Hegemons: Limits to the Globalisation of Corporate Insolvency Regimes in Indonesia, Korea and China." Pp. 255-301 in Law and Globalization in Asia Since the Crisis, edited by Christoph Antons and Volkmar Gessner. Oxford: Hart Publishing.

How Countries Resist Global Institutions

How to Resist Transplanted Law: China

How to Resist Transplanted Law: Indonesia

How to Resist Transplanted Law: South Korea

Limits on the Power of International Organizations

Halliday, Terence C., and Pavel Osinsky. 2006. "Globalization of Law." Annual Review of Sociology 32:447–70.

Five Questions to Ask about the Globalization of Law

Four Sites of Struggle over Global Law

Four Theories of the Global Impact of Law

Jayasuriya, Kanishka. 1999. "The Rule of Law in the Era of Globalization: Globalization, Law and the Transformation of Sovereignty: The Emergence of Global Regulatory Governance." Indiana Journal of Global Legal Studies 6:425-56.

Sovereignty over Global Markets Becomes More Complex

Who’s in Charge? Rethinking Sovereignty for a Global Age

Merry, Sally Engle. 2006. "Anthropology and International Law." Annual Review of Anthropology 35:99–116.

The Development of Human Rights Language

What Can Anthropology Contribute to the Study of International Law?

Pistor, Katharina, and Chenggang Xu. 2003. "Incomplete Law—A Conceptual and Analytical Framework and its Application to the Evolution of Financial Market Regulation." Journal of International Law and Politics 35:931-1013.

How Countries Deal with Incomplete Law

Shapiro, Martin. 1993. "The Globalization of Law." Indiana Journal of Global Legal Studies 1:37-64.

Globalization of Law: More Law, More Lawyers

Why Is Law Globalized? It Depends on the Type of Law

Stiglitz, Joseph E. 2002. Globalization and Its Discontents. New York: Norton. Ch. 1, pp. 3-22.

Economic Globalization: An Appraisal

Stiglitz, Joseph E. 2002. Globalization and Its Discontents. New York: Norton. Ch.8, pp.195-213.

Why Has the IMF Failed Its Mission?

Topic 2. Perspectives on Law and Globalization

Topic 2: Perspectives on Law and Globalization

Topic 2: Perspectives on Law and Globalization