Abstract
This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
Original language | English |
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Place of Publication | The Hague, Netherlands |
Publisher | Springer |
Number of pages | 388 |
ISBN (Electronic) | 9789067048859 |
ISBN (Print) | 9789067048842 |
DOIs | |
Publication status | Published - 1 May 2013 |
Keywords
- Comparative law
- European private law
- Globalization
- Law and economics
- Naitonal Law