Vers un droit global?

It has now become commonplace to say that the globalization of trade and finance has contributed to an objective shrinking of the planet and to the establishment of new normativities that are better able to support and contribute to these new configurations where there is intermingling of the national, the international, the transnational, and even the global. These new normativities do not follow the usual paths of modern law and often constitute for the jurist a singular normative object. However, they play an increasingly central role in transnational relations and within nation-states. This collective work aims to address some of the issues related to the emergence and status of global law. It also stresses the importance to take into account the political context of this emergence, namely the neoliberal inflection of public policies of Western governments since the 1970s. This inflection benefited from a unique historical configuration, the fall of the Berlin Wall, which facilitated and accelerated the penetration of its main supports (free trade, deregulation, privatization, etc.). Today, globalization seems to clash with the return of geographical realities and borders. The financial crisis of 2008 and that of the refugees of summer 2015, induced by the Syrian and Iraqi conflicts, illustrate the fragility of normative arrangements based on the ideal of the soft trade.

Ce contenu a été mis à jour le 28 juin 2018 à 18 h 21 min.