La globalisation, le droit et l’État

Jean-Bernard AUBY, La globalisation, le droit et l’État, 2e éd., Paris, L.G.D.J., 2010.

Just as the growth of international trade is shifting the economic space and the development of the international media is blurring cultural and ideological boundaries, globalization is taking hold of the law and provokes a phenomena of mixing and interconnection which transforms its morphology.

In legal globalization, normative hierarchies become more complex, the division of roles between international and domestic law becomes less clear, and the content of the distinction between public and private law tends to change.

The State shares with other actors, public or private, the function of norm production: its control over the law generally declines. Legal globalization is a challenge to the legal centrality of the State, to the territoriality of the law, and even to the differentiation of legal systems.

Globalization disrupts the categories in which we are accustomed to classifying legal realities. It transforms the practices of law, like our relationship to foreign rights. It calls for new theoretical advances, likely to account for the pluralism of its structure and network operation.

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