Globalization and the Law Professor Peer Zumbansen Session 1: Wednesday, 11 January 2006

1. Globalization and the LawProfessor Peer ZumbansenSession 1: Wednesday, 11 January 2006 An equation with how many unknowns? • Globalization • Law • Relationship between…, impact upon…, influence by…, reciprocal shaping…, undermining…, potentialization…? Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

2. I. Studying “Globalization” • “… a multidimensional set of social processes that resists being confined to any single thematic framework. [T]he transformative forces of globalization reach deeply into the economic, political, cultural, technological, and ecological dimensions of contemporary life. From: Manfred Steger, Globalization. A very short introduction (Oxf U Press, 2003), preface. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

3. Globalization and the Law 2. [G]lobalization contains important discursive aspects in the form of ideologically charged narratives that put before the public a particular agenda of topics for discussion, questions to ask, and claims to make. The existence of these narratives shows that globalization is not merely an objective process, but also a plethora of stories that define, describe and analyze that very process. From: Manfred Steger, Globalization. A very short introduction (Oxf U Press, 2003), preface. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

4. 3. The Study of globalization falls outside currently established academic fields. […] ‘Globalization studies’ is emerging as a new field that cuts across traditional disciplinary boundaries. This strong emphasis on interdisciplinarity requires students of globalization to familiarize themselves with literatures on subjects that have often been studied in isolation of each other. From: Manfred Steger, Globalization. A very short introduction (Oxf U Press, 2003), preface. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

5. IMF Issue Brief, 12 April 2000: Economic "globalization" is a historical process, the result of human innovation and technological progress. It refers to the increasing integration of economies around the world, particularly through trade and financial flows. It refers to an extension beyond national borders of the same market forces that have operated for centuries at all levels of human economic activity—village markets, urban industries, or financial centres. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

6. IMF (continued) Markets promote efficiency through competition and the division of labor—the specialization that allows people and economies to focus on what they do best. Global markets offer greater opportunity for people to tap into more and larger markets around the world. It means that they can have access to more capital flows, technology, cheaper imports, and larger export markets. But markets do not necessarily ensure that the benefits of increased efficiency are shared by all. Countries must be prepared to embrace the policies needed, and in the case of the poorest countries may need the support of the international community as they do so. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

7. Alfred C. Aman, Jr:Globalization is a term of art that refers to complex, dynamic legal and social processes that take place within an integrated whole without regard to geographical boundaries. Globalization thus differs from international activities which occur between and among States, and it differs from multinational activities that occur in more than one nation-State. The area of integration involved might be the entire globe, or it might be a region or portions of regions around the world. The major distinguishing characteristic of global activities is that the areas of integration are largely oblivious to State boundaries, and the processes of globalization often occur with little or no direct agency of the State. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

8. Alfred C. Aman, Jr: [...] The major distinguishing characteristic of global activities is that the areas of integration are largely oblivious to State boundaries, and the processes of globalization often occur with little or no direct agency of the State. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

9. Globalization and the Law Different Claims about Globalization • Globalization concerns the liberalization and global integration of markets • Globalization is inevitable and irreversible • Nobody is in charge/in the driver‘s seat of Globalization • Globalization benefits everyone and furthers spread of democracy Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

10. Globalization and the Law Different Claims about Globalization • Globalization concerns the liberalization and global integration of markets (triumph of markets over governments; removal of trade barriers; cut down on social costs to enhance international competitiveness) • Globalization is inevitable and irreversible (seeking out leaders and followers) • Nobody is in charge/in the driver‘s seat of Globalization (global marketplace is anonymous) • Globalization benefits everyone and furthers spread of democracy (market democracy ideology) Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

11. Globalization and the Law How do we recognize processes of Globalization? D. Held: • intensification of problem solving by reacting to far-away, but immediately observed experiences, developments, events (time-space compression; shrinking world; interdependence) • entailing a significant redefinition of social relations and organization on a scale beyond municipalities, regions, and nation states Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

12. At what price? What are Anti-Globalisers protesting against? Prime targets? The above mentioned claims can be understood as promoting policies that ultimately will dis-empower citizens, dislocate and uproot deliberative practices and silence voices of difference. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

13. Held: It follows, that “G” is a convenient myth to further particular economic and societal interests at the detriment of other, weaker parties. National Level: welfare reduction, tax cuts, labour law reform International: economic imperialism, structural adjustment programs, investor friendly loans to developing countries Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

14. Globalization and the Law What, then, are the real phenomena of Globalization? • Border-crossing economic and financial interaction • Rise of multinational corporations with revenues surpassing national economies • Spread of popular culture, homogenization of culture • Standardization of business practices and governance • Increasing pressure on labour laws due to outsourcing possibilities Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

15. Globalization and the Law How did we get here? Sachs: Rise of Global Capitalism • ... 1848, 1917, 1918, 1929, 1944/1946, 1971, 1973, 1989, 1992, 1994, 1995, 2000... • 1,2,3,...? I.o.w., is history proceeding logically, naturally? What are the shaping forces, the turning points, the points of no return? Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

16. Globalization and the Law End of History? Divergence or Convergence? Universality or conflict of values? Strong markets, weak states? US Hegemony? China rising? Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

17. Globalization and the Law II. Studying law Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

18. Globalization and the Law What could be the role of law in these processes? Facilitative? Restrictive? Redistributive? Reactive? Proactive? Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

19. Globalization and the Law Where is the law coming from in an Era of Globalization? Why study comparative law? (Valcke) Why study international law? (Reimann, Dorsen) Why study foreign law? (Valcke) Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

20. Globalization and the Law Why study Administrative Law? Why study Constitutional Law? Why study Civil Procedure? Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

21. Globalization and the Law With law growing out of societal practice and customs, social values, political choices and historical path dependencies (traditions), the central task will be: To recognize the “global“ in domestic institutions, structures, regulations, i.o.w., every country‘s own legacy, theory and practice of the law of globalization. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

22. Globalization and the Law Studies of Globalization and the Law expose • the fragility, • the unattainedness of law and • its underlying aspirations for justice while constantly challenging us through manifold expressions of law and normativity. Seeing inside from the outside, then, reveals the structural and theoretical design and the practice of law as we have been learning, knowing and teaching it. Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

23. Globalization and the Law Consequences on law school programs Reimann: mandatory overview of globalized fields of law Valcke: impregnation of comparative and international dimension of every core curriculum field Dorsen: faculty and student exchanges Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006

24. Globalization and the Law General Overview of the Course • - Foundational course for ICT program • - Nature of the course • - Overview of Modules • - Requirements • - Exam options: Exam or paper (6.000w) – Exam on 2 May 2006. Paper due 26 April 2006 (outline 10 March). Globalization and the Law Winter 2006 Session 1 - 11 Jan 2006