Legal Aspects of Globalization PDF

lOMoARcPSD|21309604 Legal Aspects of Globalization Legal Aspects of Globalization (Università degli Studi di Torino) Studocu is not sponsored or endorsed by any college or university Downloaded by Angel Redic ([email protected]) ...

lOMoARcPSD|21309604 Legal Aspects of Globalization Legal Aspects of Globalization (Università degli Studi di Torino) Studocu is not sponsored or endorsed by any college or university Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 Legal Aspects of Globalization 1. One of the characteristics of “legal centralism”, the legal ideology of modernity, is: a. That all legal systems belong to the Western Legal Tradition b. That every legal system is based upon a specific natural law conception c. That a single legal system can correspond only to a single geographical area 2. What does the “tulip bubble” teach us? a. Any market must have rules designed outside of it b. The state should not meddle in market matters c. Goods automatically find a price in the market 3. The connecting link between the different orders of land and sea in the new “Jus Publicum Europaeum” became: a. The French state b. The island of England c. The Empire 4. Overall, all the different comparative and global or transnational approaches share something in common: a. They use a complex approach to study together law, economics and politics b. They appear universalist in a comparison to state-bound approaches and discourses c. They have abandoned the reflection about state law Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 5. The “gold standard” is: a. The amount of wealth that markets aim to achieve b. A monetary system in which the standard monetary unit is a fixed amount of gold or is maintained at the value of a fixed amount of gold c. A system of international taxation, created to ensure the stability of markets themselves 6. The classical idea of Chinese political and legal philosophy: a. Is not very developed and uses a lot of notions of Western philosophy b. Underlines governance or ruling of men i.e. “renzhi” c. Is similar to the common law conception of rule of law that can be translated “fazhi” 7. The normative conceptualization defines globalization essentially: a. As the law of non-state governance systems b. As the set of rules governing the relationships between states c. As the set of rules provided by International private law 8. “The Geographical Pivot of History” is an important article of: a. Duncan Kennedy b. H. J. Mackinder (Halford John Mackinder) c. Jaakko Husa He submitted the article in 1904 to the Royal Geographical Society Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 9. The WTO system is: a. The World Trade Organisation (WTO) deals with the global rules of trade between nations. Its main objective is to ensure world peace b. The World Trade Organisation (WTO) deals with the global rules of trade between nations. Its main function is to increase the wealth of states and ensure wealth redistribution in human societies c. The World Trade Organisation (WTO) deals with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible 10. The constitutional chain of legitimacy: a. Starts only from constitution b. Starts only from the people c. Starts from the people and it is channelled to a constitution 11. What are the three pillars of Bretton Woods institutionalized multilateralism? a. WTO, WB, GATT b. IMF, WB, GATT c. OECD, IMF, WB 12. As an academic sub-discipline, comparative law was born and grew up: a. In the 19th and 20th centuries as a by-product of private International law b. In the 13th century as a product of the ius commune c. In the 19th and 20th centuries as a product of the constitutional law Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 13. When was the Modern State conventionally born? a. Peace of Westphalia b. French Revolution c. Donation of Constantine 14. In his article “The Hobbesian Basis of American Constitutionalism” Professor Coleman: a. Writes of Macchiavelli’s political theory b. Writes of Rousseau in relation to the American constitution c. Writes of Hobbes, of Locke and Madison as essentially Hobbesian 15. The second generation of the “Law and Development” approach: a. Was rooted only in the ideology of modernization b. Was characterized from various legal reform projects in developing post-socialist countries c. Moved focus from the state towards market-oriented policy thinking in the early 1980s 16. One of the characteristics of the American version of legal realism is: a. The recognition of the importance only of positive and statutory law b. The recognition of the difference between law in action and law in books c. The natural law oriented approach to legal problems Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 17. In the famous article “The Economic Consequences of Legal Origins”, the authors: a. Adopt a conception of legal origin that underlines and defends legal pluralism b. Adopt a broad conception of legal origin as a style of social control of economic life and maybe of other aspects of life as well c. Adopt a conception of legal origin without any link to economic life 18. The “Law and Development” earliest background is: a. In the attempts to create a global system of distributive justice b. In the attempts of the Western developed economies to promote law reforms in the developing countries c. In the attempts to reduce the public debt of growing countries 19. In the Middle Ages Western European law was normally: a. Conceived as a system of pure positive law b. Divided into the local “ius proprium” and the transnational “ius commune” c. Conceived as a system of pure natural law 20. The problem of the relation between the League of Nations and the ‘Western Hemisphere’ was due to: a. The official absence and effective presence of the USA b. The official presence and effective absence of the USA c. The absence of U.R.S.S. and Japan Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 21. In 1823, the declaration of the ‘Monroe Doctrine’: a. Removed the African continent from further European land- appropriations b. Removed the Euro-Asian continent from further European land- appropriations c. Removed the sphere of the Western Hemisphere from further European land-appropriations 22. In a broad sense we may describe natural law theories: a. As such theoretical constructions that consist of a body of normative rules that are only religious or moral b. As such theoretical constructions that consist of a body of normative rules that are considered as derived from non- manmade sources c. As such theoretical constructions that consist of a body of normative rules that are derived from positive sources 23. Who were the inspirers of Bretton Woods system? a. John Maynard Keynes and Henri Dexter White b. Adam Smith and David Ricardo 24. By “legal universalism” Husa refers to the idea according to which human rights: a. Are limited in their scope within the borders of the national state b. Are not limited in their scope but must respect the legal pluralism of the world c. Are not limited in their scope but must have a universal application Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 25. If the cultural nature of laws is underlined, the idea of universal globalization is dubious because the cultural comparative law paradigm: a. Stresses globalization and not glocalization b. Give the same importance to two processes: globalization and glocalization c. Stresses glocalistaion and not globalization 26. The culmination of the process of scientification of comparative law is: a. The great congress of Paris in 1900 b. The influential Trento Manifesto c. The great congress of St. Louis in 1904 27. The most used argument for linking law and economics together is: a. That the maximum efficiency in terms of rule of law depends on structural features of the economy and is higher in authoritarian states b. That the maximum efficiency in terms of rule of law depends on structural features of the economy and is higher in democracies c. That the maximum efficiency in terms of rule of law depends on structural features of the economy and is not dependent on the legal institutions of the state 28. Authoritarian regimes like China: a. Do not have any version at all of the rule of law b. Rely on their versions of the rule of law and use law to self- reform through internal reallocations of power c. Adopt the Western model of rule of law for their developing Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 29. Based on what was analyzed in the second part of the course (module II), what are the two main actors of globalization? a. Market and trades b. Market and development c. Market and state 30. Pluralist theories seem to argue that: a. There is a legal diversity on the globe and we must harmonize it using the rule of law and the human rights b. There is a legal diversity on the globe and that is, as such, a good thing and proof of the richness of human traditions c. There is a legal diversity on the globe and that we must create a harmonization between them Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 1. For Kelsen his “Pure Theory of Law” was: a. A general theory of natural law b. A theory of positive law of a specific legal system c. A general theory of positive law 2. The Bretton Woods system was: a. A system of mere trade organization that had no purpose other than the growth of global trade b. A process of increasing trade that developed between England and India at the end of the 19th century c. A s y s t e m o f g l o b a l r u l e s i m p l e m e n t e d t h ro u g h institutionalized and multilateralism in order to ensure global economic growth and avoid new wars 3. What do mercantile enterprises (VOC, HBC…) represent in the history of globalization? a. The state assumes the entrepreneurial function directly b. The growth of international markets in state absence c. Free economic initiative thrives on external state support 4. The notion of “transnational law” that we may label as transnational socio-legal pluralism: a. Conceives transnational law as being in some meaningful sense autonomous from either International or domestic law b. Is related to an area of law which gradually builds up around transnational legal problems of private law c. Consists of juridical acts located in one or two kinds of legal systems: public international law or the state law Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 5. Choose the correct connection: a. Adam Smith - State intervention b. Adam Smith - Laissez-faire c. Adam Smith - Planned economy 6. In the past Western laws: a. Were respectful of values and laws of the colonized people b. Were transplanted to colonies in order to reform and civilize the colonized people c. Were not compared to indigenous legal traditions in such a manner that the latter were regarded as not civilized 7. The notion of “legal culture” in comparative law: a. Is not so clear but is a kind of “extra plus” of narrowly understood law that brings forth the context of written rules, precedent, and legal doctrines b. Is an ancient concept from Roman law c. Is a well defined concept that connects the law with religion and morality 8. At the end of the First World War the United States Senate: a. Refused to ratify only the Versailles Peace Treaty b. Refused to ratify both the Versailles Peace Treaty and the League of Nations Covenant c. Refused to ratify only the League of Nations Covenant Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 9. The “war guilt article” Article 231 of the Versailles Treaty, was placed: a. Under the heading “Reparations” and so it was posited in economic terms b. Under the heading “Penalties” and so it was posited in criminal-legal terms c. Under the heading “Fault” and so it was posited in private law terms 10. The League of Nations consisted of: a. Also states belonging to the “Western Hemisphere” b. Only states belonging to the European Continent c. European Great Powers and the U.S.A. 11. The result of the war of Italy against Ethiopia (1935-1936) was that: a. A League of Nations member state was defeated, subjugated, and annexed by the aggressor, also a League member state b. A League of Nations member state defeated a great European power and took away its colonial territory in Africa c. A League of Nations member state defeated, subjugated, and annexed a free territory in Africa Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 12. The Paris Peace Conference in the winter of 1918-1919 was: a. A conference of States from around the world b. A European conference c. Dealt with global peace and created an order outside Europe 13. It was Gentili who succeeded in creating a new concept of war based on: the “aequalitas” of the “justi hostes” 14. “Amity lines”: belong to the age of religious civil wars between land-appropriating Catholic powers and Protestant sea powers 15. In the Versailles Treaty, Article 227, directed against the former German Kaiser, Wilhelm II: created a new type of International crime limited personally to the head of State Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 16. The Romans took their laws with them during their conquests: but cities and tribes retained their own laws and in the first century AD the Empire was still a conglomerate of different legal systems 17. In Article 21 of the League of Nations Charter the “Monroe Doctrine” is considered: not incompatible with the League Charter 18. For Vitoria “discovery”: was not legitimate title of acquisition, even for the discovery of a new world 19. The Geneva Protocol of 1924 on the peaceful resolution of international disputes contains a statement that: declared aggressive war to be a crime 20. The first law for Giambattista Vico was received by men from: heroes in the form of the first agrarian laws Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 21. The first divisional lines, the “rayas”: shared the authority of a common order and a common arbitrational authority Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 1. In essence, we can define colonialism: a. A moral influence over other peoples b. A religious influence over other people c. A form of domination – the control by individual or groups over the territory and/or behavior 2. Hybrid legal systems are systems: a. That simultaneously contain key characteristics of other legal families b. That are always different from the Western legal systems c. That are characterized by a religious and moral conception of the law 3. The current legal Western transplants are based: a. On an ideology according to which there are universal values that simply need to be advocated in the whole humanity b. On an ideology according to which there are non universal values, and legal pluralism must be respected c. On an ideology according to which there are not universal values but only relative ones based on culture and history Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 4. One of the key dimensions of globalization is how it affects the relationship between power and territory. About this we can say that: a. In the world of law, the Westphalian order based on International law relying on state sovereignty is crumbling b. In the world of law, the Westphalian order is being transformed into a new Res Public Christina c. In the world of law, the Westphalian order based on International law relying on state sovereignty does remain always the same 5. Homogenization of laws and linking people together by economic forces leading to inequalities of wealth and power: a. Are peculiar aspects only of the ancient Roman Empire b. Are peculiar aspects only of our present time of globalization c. Are themes familiar to the past era based on colonialism and to our present time of globalization 6. In Scandinavia, legal realism was: a. Was founded upon a protestant theory of natural law b. Was characterized by a pronounced pluralism c. More theoretical and had a pronounced philosophical background roughly based on the work of Axel Hagerstorm Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 7. Today, the West also wants to reform the law using legal instruments such as: a. Personality rights b. Succession and family law c. Human rights and the rule of law 8. Jonathan Michie asks whether globalization is new and says that: a. The globalization was a process that characterized only the period of ancient Roman Empire b. The globalization has been developing progressively c. The degree of globalization has been a marked increase following the industrial Revolution and the emergence of capitalism 9. The Roam law’s globalizing force came from: a. Only from its actual substantive content (law as normative rule) b. Only from the force of Roman military power c. Not only but especially because was seen as a crucial manifestation of the superior civilizational qualities of the Roman Empire Downloaded by Angel Redic ([email protected])  lOMoARcPSD|21309604 10. Legal globalization consists: a. Of processes by which the migration flows are increasing exponentially b. Of processes by which the financial flows become global c. Of process by which different organized large-scale normativities become increasingly interconnected and interdependent Downloaded by Angel Redic ([email protected])