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Law & Globalization

Authors: Iudica, Giovanni;

Law & Globalization

Abstract

This article explores the position of law vis-à-vis the complex phenomenon of globalization. It begins by defining globalization as the change brought about by the onset of market economy and by the technological revolution of the twentieth century. The article goes on to sketch a short history of the institutions which globalization has had the greatest destabilizing impact on: the national State and—for civil law jurisdictions—codifications. The declining role of States (and their codes) is then presented as the main reason for the enhanced importance of lex mercatoria in regulating international exchanges. This change translates, in practice, in the increased need for the expertise of jurists. In fact, the latter are the only keepers of that body of legal knowledge necessary to regulate economic transactions. Thanks to their specialized education, they have therefore come to supplement the deficiency of State institutions and legislation in providing certainty to the globalized economy.

Countries
Brazil, Italy
Keywords

Law & globalization, Socialismo, Economia de livre empresa, Economia de mercado, Mudança tecnológica, Revolução tecnológica, Arbitragem comercial, Evolução tecnológica, Economia livre, Globalização da economia, Mediação (Direito Comercial), Economia liberal

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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