Introduction to Theorising the Global Legal Order
Theorising the Global Legal Order, Halpin & Roeben, eds., Oxford: Hart Publishing, 2009
Posted: 13 Oct 2009 Last revised: 1 Mar 2018
Date Written: October 9, 2009
This is an Introduction by the editors of a book whose aim is to capture an exploratory approach to theorising the global legal order. As such it has three main aims. First, it provides a commentary on the individual essays found within the book, contributed by a number of scholars who offer a variety of insights covering quite different topics and viewpoints: Cosmopolitan Legal Orders by Patrick Glenn; Implications of ‘Globalisation’ for Law as a Discipline by William Twining; Theorising the Global Legal Order - An Institutionalist Perspective by Stefan Oeter; Incorporating Foreign Legal Ideas through Translation by Ko Hasegawa; Globalisation and Judicial Reasoning: Building Blocks for a Method of Interpretation by Catherine Dupré; Statecraft, Trade and Strategy: Toward a New Global Order by Ari Afilalo & Dennis Patterson; European Union as a Single Working-Living Space: EU Law and New Forms of Intra-Community Migration by Oxana Golynker; The Domestic Enforcement of Supranational Rules: The Role of Evidence in EC Competition Law by Déirdre Dwyer; The UN Declaration on the Rights of Indigenous Peoples: Towards a Global Legal Order on Indigenous Rights‘ by Stephen Allen; Developing a Framework for Understanding the Localisation of Global Scripts in East Asia by John Gillespie; Governance Through Corruption: Cosmopolitan Complicity by Nicholas Dorn; Decentralised Constitutionalisation in National and International Courts: Reflections on comparative law as an approach to public law by Christian Walter. Secondly, the Introduction sets the scene for exploring the global legal phenomena, which are investigated in broad scoping studies and particular detailed studies within these essays. Thirdly, it raises questions about the prospects of establishing a distinctively legal theory which is capable of illuminating the path of law as an academic discipline, as it confronts a bewildering array of novel situations and innovative ways of thinking about law in the global context. In this respect, the Introduction also identifies the issues to be tackled in the Concluding Reflections in which the editors suggest an agenda for future research in this area, and propose three possible outcomes for global law: deeper normative harmony, subinstitutional stability, and neo-tribalism.
Keywords: globalisation and law, legal theory, discipline of law, cosmopolitanism, legal reasoning, rule of law, human rights, constitutionalism, international law, EU law, comparative law, legal transplants, global scripts, regulatory space, migration, evidence, trade, indigenous rights, corruption, Bosnia
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