rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: National Legal Systems and Globalization
    sub title: New Role, Continuing Relevance
  name:
    name part: Larouche, Pierre.
    role:
      role term: editor.
  name:
    name part: Cserne, Péter.
    role:
      role term: editor.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: ne
    date issued: 2013
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: X, 390 p. online resource.
  abstract: For the researchers involved in this book, the prospects of national law seemed less dire than is usually acknowledged. The project team shows that globalization, instead of threatening national legal systems, puts 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. It sheds a new light on the fate of national legal systems, with a more optimistic outlook. Researchers and practitioners alike will experience how this research project brings us a step forward in the understanding of the evolution of national legal systems in the globalization era. The research for this book, in which a team of experts in comparative law and law and economics took part, was commissioned and funded by HiiL (The Hague, the Netherlands), as a project named Convergence and divergence of national legal systems: coping with the challenges of globalization. It was carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University (the Netherlands) under the direction of Pierre Larouche. Pierre Larouche is Professor of Competition Law at Tilburg University and a founding director of TILEC. Péter Cserne is now Senior Lecturer in law, University of Hull (United Kingdom) and an extramural fellow of TILEC.
  table of contents: Introduction -- Convergence and divergence, in law and economics and comparative law -- The Draft Common Frame of Reference (DCFR): A giant with feet of clay -- The recodification of private law in Central and Eastern Europe -- Courts and expertise: Consequence-based arguments in judicial reasoning -- From a formalistic to an integrative model: the case of EU economic regulation -- The reform of EU electronic communications law: revolution or evolution? Networks of regulatory agencies in Europe -- Reinventing accountability: judicial control vs. participation -- Legal emulation between regulatory competition and comparative law -- Impact Assessment: the theory -- Impact Assessment: empirical evidence -- Judicial networks -- Conclusions.
  note: edited by Pierre Larouche, Péter Cserne.
  subject:
    topic: Law
  subject:
    topic: Law
    topic: Philosophy
  subject:
    topic: Private international law
  subject:
    topic: Conflict of laws
  subject:
    topic: International law
  subject:
    topic: Comparative law
  subject:
    topic: Administrative law
  subject:
    topic: Law
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  subject:
    topic: European Law
  subject:
    topic: Private International Law, International & Foreign Law, Comparative Law
  subject:
    topic: Administrative Law
  classification: K201-487
  classification: B65
  classification: K140-165
  classification: 340.1
  related item:
    title info:
      title: Springer eBooks
  identifier: 9789067048859
  identifier: http://dx.doi.org/10.1007/978-90-6704-885-9
  record info:
    record creation date: 121205
    record change date: 20151121015104.0
    record identifier: 978-90-6704-885-9