National Legal Systems and Globalization New Role Continuing Relevance 1st Edition by Pierre Larouche,Peter Cserne ISBN 9067049808‎ 978-9067049801

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Product details:

ISBN 10: 9067049808‎ 

ISBN 13: 978-9067049801

Author: Pierre Larouche, Péter Cserne

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.

Table of contents:

1. Introduction
   
2. Convergence and Divergence in Law and Economics and Comparative Law
   
3. The Draft Common Frame of Reference (DCFR): A Giant with Feet of Clay
   
4. The Recodification of Private Law in Central and Eastern Europe
   
5. Courts and Expertise: Consequence-Based Arguments in Judicial Reasoning
   
6. From a Formalistic to an Integrative Model: The Case of EU Economic Regulation
   
7. The Reform of EU Electronic Communications Law: Revolution or Evolution? Networks of Regulatory Agencies in Europe
   
8. Reinventing Accountability: Judicial Control vs. Participation
   
9. Legal Emulation Between Regulatory Competition and Comparative Law
   
10. Impact Assessment: The Theory
    
11. Impact Assessment: Empirical Evidence
    
12. Judicial Networks
    
13. Conclusions

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Tags: Pierre Larouche, Peter Cserne, National Legal Systems, and Globalization New, Role Continuing Relevance