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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Data protection handbook

Global Law Without a State

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ISBN13: 9781855218796
ISBN: 1855218798
Published: January 1997
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

Out of Print
This work deals with legal pluralism in an emerging world society. It central thesis is that globalization of law tends to create a decentred law-making process which occurs in multiple sectors of civil society, independently of nation states.

Technical standardization, professional rule production, human rights, intra-organizational regulation in multinational enterprises, contracting, arbitration and other institutions of lex mercatoria are forms of rule by private governments, claiming world-wide validity independently of the law of the nation states. They have come into existence not by formal acts of nation states but by strange paradoxical acts of self-validation.

It is the question of law or non-law, and according to the traditional doctrine of legal sources, lex mercatoria and other forms of legal pluralism are non-law. They may be professional norms, social rules, customs, usages, contractual obligations, agreements, but they are not law, they need recognition from the official legal order. However, this text argues that globalization breaks this frame and creates a new law that has no legislation, no political constitution, no politically ordered hierarchy.

The replacement of frames from hierarchy to heterarchy, allows for the recognition of other types of social rule production as law production, but only under the conditions that they are produced in the periphery of the legal system in close contact with external social processes of rule-formation. It argues that many forms of rule-making by ""private governments"" on a global scale which in reality have a highly ""public"" character.

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Part 1
A self-validating legal discourse: global bukowina, legal pluralism in the world society.
Part 2
Areas of global law without a state: lex mercatoria, a self-applying system beyond national law?
multinational enterprises, the constitution of a pluralistic legal order
"global bukowina" examined - viewing the multinational enterprise as a transnational law-making community
mega-insolvencies, informal rulemaking by accountants and lawyers
globalizing labour law, transnational private regulation and countervailing actors in European law
globalization of human rights - the role of non state actors.
Part 3
Local futures: from denunciation to revalorization of the indigenous other
the twilight of the global polis, on losing paradigms, environing systems and observing world society.