Legal Aspects of Globalization

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Questions and Answers

Which statement accurately reflects the themes of globalization?

  • They show continuity from colonialism to the present globalization. (correct)
  • They were primarily theoretical and not applicable to real scenarios.
  • They are exclusively new and absent in history.
  • They are only relevant to the ancient era.

What characterizes legal realism in Scandinavia?

  • It was completely based on traditional natural law principles.
  • It exhibited a strong ideal of singular legal authority.
  • It solely relied on philosophical works of Aristotle.
  • It included a diverse range of legal thought and pluralism. (correct)

Which legal instruments are sought for reform in the West today?

  • Human rights and rule of law. (correct)
  • Historical legal precedents.
  • Corporate law and business rights.
  • Property rights and economic regulations.

How does Jonathan Michie view the progress of globalization?

<p>It has evolved progressively over time with a marked increase post-industrial Revolution. (A)</p> Signup and view all the answers

What is a significant feature of legal globalization?

<p>It involves the interconnection of various large-scale legal norms. (C)</p> Signup and view all the answers

What is a characteristic of legal centralism?

<p>A single legal system can correspond only to a single geographical area (D)</p> Signup and view all the answers

What lesson does the tulip bubble teach us?

<p>Any market must have rules designed outside of it (B)</p> Signup and view all the answers

Which entity served as the connecting link in the new Jus Publicum Europaeum?

<p>The Empire (B)</p> Signup and view all the answers

What do comparative and transnational approaches have in common?

<p>They use a complex approach to study together law, economics, and politics (A)</p> Signup and view all the answers

What defines the 'gold standard' in economic terms?

<p>A monetary system with a fixed amount of gold (B)</p> Signup and view all the answers

In Chinese political and legal philosophy, what is the classical idea emphasized?

<p>Ruling of men or 'renzhi' (B)</p> Signup and view all the answers

How is globalization normatively conceptualized?

<p>As rules governing relationships between states (B)</p> Signup and view all the answers

Who is associated with the article 'The Geographical Pivot of History'?

<p>H.J. Mackinder (B)</p> Signup and view all the answers

What is the main function of the World Trade Organisation (WTO)?

<p>To ensure that trade flows as smoothly, predictably and freely as possible (C)</p> Signup and view all the answers

What is the correct description of the constitutional chain of legitimacy?

<p>It starts from the people and is channeled to a constitution. (D)</p> Signup and view all the answers

Which of the following are the three pillars of Bretton Woods institutionalized multilateralism?

<p>IMF, WB, GATT (A)</p> Signup and view all the answers

In which centuries did comparative law emerge as an academic sub-discipline?

<p>19th and 20th centuries (D)</p> Signup and view all the answers

When is the Modern State conventionally considered to have been born?

<p>At the Peace of Westphalia (A)</p> Signup and view all the answers

In his article on American Constitutionalism, whose theories does Professor Coleman primarily discuss?

<p>Hobbes, Locke, and Madison (C)</p> Signup and view all the answers

What characterized the second generation of the 'Law and Development' approach?

<p>It was marked by various legal reform projects in post-socialist countries. (B)</p> Signup and view all the answers

What is a defining characteristic of the American version of legal realism?

<p>Recognizing the difference between law in action and law in books (B)</p> Signup and view all the answers

What stance did Vitoria take regarding discovery as a title of acquisition?

<p>Discovery is not a legitimate title for acquisition. (C)</p> Signup and view all the answers

What does the Geneva Protocol of 1924 declare regarding aggressive war?

<p>Aggressive war is classified as a crime. (B)</p> Signup and view all the answers

How did Giambattista Vico characterize the first law?

<p>It was received from heroes in the form of agrarian laws. (D)</p> Signup and view all the answers

What do the first divisional lines, referred to as 'rayas', signify?

<p>They denote shared authority under a common arbitrational authority. (C)</p> Signup and view all the answers

What best defines colonialism according to the options provided?

<p>A form of domination over territory or behavior. (C)</p> Signup and view all the answers

What characterizes hybrid legal systems?

<p>Systems that contain characteristics of multiple legal families. (D)</p> Signup and view all the answers

Which treaties did the U.S. refuse to ratify?

<p>Both the Versailles Peace Treaty and the League of Nations Covenant (B)</p> Signup and view all the answers

What ideology underpins current Western legal transplants?

<p>Legal pluralism is a necessity to respect cultural differences. (B)</p> Signup and view all the answers

What is one key dimension of globalization regarding power and territory?

<p>It is leading to the collapse of state sovereignty in international law. (C)</p> Signup and view all the answers

What was the positioning of the 'war guilt article' Article 231 in the Versailles Treaty?

<p>Under the heading 'Reparations' (B)</p> Signup and view all the answers

Who were the primary members of the League of Nations?

<p>European Great Powers and the U.S.A. (A)</p> Signup and view all the answers

What was the outcome of the war between Italy and Ethiopia in 1935-1936?

<p>A League of Nations member state was defeated and annexed (C)</p> Signup and view all the answers

What was the nature of the Paris Peace Conference held in 1918-1919?

<p>A primarily European conference (A)</p> Signup and view all the answers

What new concept of war did Gentili create?

<p>The equivalence of 'justi hostes' (B)</p> Signup and view all the answers

Which document reflects the compatibility of the Monroe Doctrine with League principles?

<p>Article 21 of the League of Nations Charter (A)</p> Signup and view all the answers

What type of international crime was established by Article 227 of the Versailles Treaty?

<p>A new type of International crime limited to a head of State (A)</p> Signup and view all the answers

What does Kelsen's 'Pure Theory of Law' primarily focus on?

<p>A general theory of positive law (A)</p> Signup and view all the answers

What best describes the Bretton Woods system?

<p>A collection of international institutions aimed at economic stability and growth (C)</p> Signup and view all the answers

What is represented by mercantile enterprises such as the VOC and HBC in globalization's history?

<p>The expansion of international markets in the absence of state control (B)</p> Signup and view all the answers

Which statement accurately describes the notion of 'transnational law'?

<p>Transnational law operates independently of both international and domestic law (B)</p> Signup and view all the answers

What connection is accurately made regarding Adam Smith's economic philosophy?

<p>Adam Smith - Laissez-faire (D)</p> Signup and view all the answers

How did Western laws historically relate to the laws of colonized nations?

<p>They were implemented to reform and civilize the indigenous populations (A)</p> Signup and view all the answers

What does the concept of 'legal culture' encompass in comparative law?

<p>An understanding of law as influenced by social and historical contexts (B)</p> Signup and view all the answers

What action did the United States Senate take at the end of the First World War?

<p>Refused to join the League of Nations (D)</p> Signup and view all the answers

Flashcards

Legal Centralism

A legal ideology that emphasizes the central role of the nation-state in defining and enforcing law, with every legal system confined to a specific geographical area.

Gold Standard

A monetary system where the value of a currency is directly tied to a fixed amount of gold, ensuring stability.

Renzhi

Refers to the governance of people, emphasizing the importance of leadership and wise rulers in maintaining societal harmony.

Fazhi

The concept of rule of law in Chinese philosophy, where laws are applied fairly and impartially, encompassing both legal and moral principles.

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The Geographical Pivot of History

A metaphorical concept describing the importance of strategic geographical locations to global power and influence.

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Jus Publicum Europaeum

A system of international governance that arose in Europe, where states were bound by shared legal principles and practices.

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Tulip Bubble

A situation where a market experiences a rapid increase in asset prices, driven by speculation and unrealistic expectations, followed by a sharp decline.

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Globalization

The process of increasing interconnectedness and interdependence between countries, driven by trade, technology, culture, and other factors.

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What is the main function of the WTO?

The World Trade Organisation (WTO) primarily manages global trade regulations between nations, aiming to ensure trade flows smoothly, predictably and freely.

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Describe the constitutional chain of legitimacy.

The idea that the people's sovereignty is transferred through a constitution, establishing a chain of legitimacy.

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What are the three pillars of Bretton Woods?

The International Monetary Fund (IMF), World Bank (WB), and the General Agreement on Tariffs and Trade (GATT) form the three pillars of Bretton Woods institutionalized multilateralism.

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When did comparative law evolve as an academic discipline?

Comparative law emerged as a distinct academic field in the 19th and 20th centuries arising from the study of private international law.

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When was the Modern State born?

The Peace of Westphalia is conventionally considered the birth of the modern state.

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What is the main argument of Professor Coleman's article on American constitutionalism?

Professor Coleman's article argues that American constitutionalism is rooted in the ideas of Hobbes, Locke, and Madison, all of whom share a Hobbesian foundation in their political philosophy.

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What characterized the second generation of 'Law and Development'?

The second generation of 'Law and Development' shifted focus from state-driven reforms to market-oriented policies, particularly in the early 1980s.

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What distinguishes the American version of legal realism?

American legal realism emphasizes the difference between law as it is written (law in books) and how it is applied in practice (law in action).

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Kelsen's Pure Theory of Law

A theoretical framework for understanding the nature and function of law, emphasizing the separation of law from morality and politics.

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Bretton Woods System

A system established after World War II that aimed to regulate the global economy and maintain peace through a combination of fixed exchange rates, international institutions, and multilateral agreements.

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Mercantile Enterprises (VOC, HBC)

Private companies, often with government support, that engaged in large-scale trading and colonial ventures, demonstrating the early forms of international economic interaction.

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Transnational Law

A concept exploring how legal practices transcend national borders, forming a distinct legal order that operates alongside both international and domestic law.

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Laissez-faire Economics

An economic philosophy championed by Adam Smith, advocating for minimal government intervention in the market, allowing for economic growth through free competition.

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Transplantation of Western Law

The practice of forcibly imposing Western legal systems on colonized territories, often displacing indigenous legal traditions and claiming superiority.

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Legal Culture

A broad concept that explores the cultural context of law, examining the values, beliefs, and social practices that shape legal systems and their application.

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US Senate and the League of Nations

The United States Senate's refusal to join the League of Nations, a peacekeeping organization formed after World War I, reflecting a preference for isolationism and a rejection of international involvement.

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Legal Globalization

The idea that legal systems are becoming more interconnected and interdependent due to globalization, leading to shared norms and practices.

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Comparative Law

The study of how different legal systems are compared and contrasted, emphasizing the similarities and differences between them.

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Legal Realism

A legal theory focused on the practical application of law in real-world situations, recognizing that law is not just a set of abstract rules but a dynamic and evolving system.

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Common Law

A legal system characterized by its focus on broad principles and general rules, leaving room for interpretation and application based on specific cases.

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Colonialism

A process of domination and control over a territory and its people by an external power.

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Hybrid Legal Systems

Legal systems that combine elements and characteristics from different legal families.

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Universal Values

The belief that universal values exist and should be promoted globally, leading to the spread of Western legal systems.

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Globalization´s impact in legal relationships

Globalization´s impact on the relationship between power and territory is altering the Westphalian order, which emphasizes state sovereignty and international law.

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Westphalian Order

The Westphalian order, based on international law and state sovereignty, is being challenged by globalization.

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Homogenization of Laws

The process of standardization of laws globally, often accompanied by economic forces that create inequalities in wealth and power.

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Vico's first law

The first law, according to Vico, received by men from heroes in the form of the first agrarian laws.

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US Rejection of League of Nations

The US refused to join the League of Nations, which was established by the Treaty of Versailles to prevent future wars. While they were willing to participate in ensuring peace, they opposed the idea of becoming bound by the League's rules.

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Article 231 of the Treaty of Versailles

This article, also known as the "war guilt clause", held Germany solely responsible for starting World War I and imposed harsh reparations upon them. Many historians argue that this harsh treatment contributed to German resentment and the rise of Nazi ideology later on.

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The League of Nations

The League of Nations was created by the Treaty of Versailles after World War I to promote international cooperation and peace. Sadly, it proved ineffective due to the lack of enforcement power and the absence of major powers like the US, which ultimately led to its failure.

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Italy's Invasion of Ethiopia (1935-36)

This refers to the event where Italy, a League member, invaded and conquered Ethiopia, another member state, violating the League's principles. The inaction of the League in this conflict highlighted its weakness and inability to prevent future aggressions.

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The Paris Peace Conference (1919)

The 1919 Paris Peace Conference aimed to establish peace after World War I, focusing primarily on Europe. However, despite its global ambitions, the conference primarily involved European powers and failed to incorporate a truly global perspective.

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New Concept of War by Gentili

The "aequalitas" of the "justi hostes" refers to the principle of equality between warring states. This concept, championed by Gentili, transformed the legal basis of war by shifting away from the traditional justifications based on divine authority and towards a more rational approach.

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"Amity Lines" and Religious Conflicts

The "Amity lines" represent a period of geopolitical tension between Catholic powers and Protestant sea powers, marked by religious conflicts and territorial disputes over land and resources. This period is characterized by the clash of ideologies and competing interests, fueled by religious differences.

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Article 227: Personal Responsibility of Kaiser Wilhelm II

Article 227 of the Treaty of Versailles targeted Wilhelm II, the former German Kaiser, by creating a new type of international crime, holding him personally responsible for war crimes. This aimed to impose accountability on him for his role in the war.

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Study Notes

  • Legal Centralism: One characteristic of modernity's legal ideology is that all legal systems stem from the Western Legal Tradition. Each system is based on a specific natural law conception. A single legal system generally corresponds to a single geographical area.
  • Tulip Bubble: The "tulip bubble" illustrates that markets need rules established externally; states shouldn't excessively intervene in market matters. Market prices for goods often self-regulate.
  • Jus Publicum Europaeum: The connecting link between land and sea orders in this new European legal system was the Island of England.
  • Comparative Approaches: Shared aspects of comparative, global, and transnational approaches to law include a complex study of law, economics, and politics, often appearing universal in contrast to traditional state-bound approaches, and the lessened discussion around state-centric laws.
  • Gold Standard: The gold standard is a monetary system where the base monetary unit is a fixed amount of gold, or maintains a fixed value relative to gold. Its purpose was to ensure market stability through international taxation.
  • Chinese Legal Philosophy: Classical Chinese political and legal philosophy centers around the concept of "renzhi," or governing and ruling men. It is comparable to the common law's "fazhi" which can be roughly translated to rule of law.
  • Globalization's Normative Conceptualization: Globalization is essentially defined by the interplay of rule-making systems related to non-state governance, and the set of rules governing inter-state relations. International private law also forms part of this system.
  • Halford John Mackinder: Halford John Mackinder is the author of "The Geographical Pivot of History.”
  • World Trade Organisation (WTO): The WTO manages global trade rules between countries. Its role is to facilitate smooth, predictable, and free trade flows.
  • Bretton Woods Institutions: The three pillars of Bretton Woods multilateralism are the International Monetary Fund (IMF), the World Bank (WB), and the General Agreement on Tariffs and Trade (GATT).
  • Comparative Law: As a discipline, comparative law developed in the 19th and 20th centuries as a consequence of private and constitutional law's developments.
  • Modern State: The Modern State is conventionally associated with the beginnings of the Peace of Westphalia.
  • Law and Development Approach: The second generation of the "Law and Development" approach shifts focus from state-related topics towards market-oriented policy, as seen in many post-socialist countries in the 1980s.
  • American Legal Realism: One characteristic of American legal realism highlights the difference between "law in action" and "law in books," acknowledging the varying importance of positive/statutory law. The approach also recognizes that natural law principles are important.
  • Economic Consequences of Legal Origins: The authors of this study use the idea of legal origin, emphasizing legal pluralism and the broad social control role of law, which is not limited to economic life.
  • Law and Development Background: Law and Development's roots lie in attempts to create international distributive justice, to promote legal reforms in developing countries and to reduce the public debt in some regions.
  • Middle Ages European Law: During the Middle Ages, European law was commonly understood as a system combining local, specific laws, with a wider, common legal system.
  • Monroe Doctrine: The 1823 Monroe Doctrine declared the Americas (Western Hemisphere) closed to future European colonization, in relation to the League of Nations Charter in 1923.
  • Vitoria on Discovery: Vitoria questioned the legitimacy of acquisition in a newly-discovered territory.
  • Aggressive War: The 1924 Geneva Protocol addressed declarations of aggressive war as being crimes.
  • First Law of Giambattista Vico: The first law for Giambattista Vico was received from heroes and took the form of agrarian laws.
  • Rayas: The first divisions had shared power among a collective authority.

  • Colonialism: Colonialism can be defined as moral and religious influence, but also as domination over territories by individuals or groups.
  • Hybrid Legal Systems: Hybrid legal systems incorporate elements from various legal traditions; thus, their attributes are often distinct from Western legal systems and exhibit a synthesis or mix of religious and moral concepts.
  • Western Legal Transplants: Current Western legal transplants are often based on the idea that universal values exist and need to be applied globally, or alternatively, on the need to respect the existence of various legal systems (legal pluralism) and cultural contexts.
  • Globalization's Impact on State-Territory Relationship: Globalization affects the relationship between power and territory, shifting the understanding of international law and state sovereignty. A key element involves law's and economic forces' homogenization across borders and the ongoing presence of inequalities. Some legal traditions and approaches may be seen as stemming from colonialism, and persist into the present.
  • Legal Globalization: Legal globalization is characterized by the growth of international migration and financial flows as well as interconnections between various legal and organized activities.

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