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National Legal Systems and Globalization

New Role, Continuing Relevance

  • Book
  • © 2013

Overview

Editors:
  1. Pierre Larouche

    1. , Tilburg Law School, Tilburg University, Tilburg, Netherlands

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  2. Péter Cserne

    1. , Hull Law School, University of Hull, Hull, United Kingdom

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  • This book sheds a new light on the fate of national legal systems in an era of globalization, with a more optimistic message than elsewhere in the literature This book was written by a team of experts in comparative law and law and economics, two perspectives which are rarely brought together This book also contains many practical studies, on the Draft Common Frame of Reference, the new civil codes of Central and Eastern Europe, EU electronic communications and energy regulation (both institutional and substantive), impact assessments, as well as the national and European judiciary
  • Includes supplementary material: sn.pub/extras

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Table of contents (14 chapters)

  1. Front Matter

    Pages i-x
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  2. Introduction

    • Pierre Larouche, Péter Cserne
    Pages 1-5

  3. Convergence and Divergence: The Continuing Relevance of National Legal Systems

    1. Front Matter

      Pages 7-7
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  4. Convergence and divergence: the continuing relevance of national legal systems

    1. Convergence and Divergence, in Law and Economics and Comparative Law

      • Filomena Chirico, Pierre Larouche
      Pages 9-33

    2. The Draft Common Frame of Reference (DCFR): A Giant with Feet of Clay

      • Filomena Chirico, Eric van Damme, Pierre Larouche
      Pages 35-43

    3. The Recodification of Private Law in Central and Eastern Europe

      • Péter Cserne
      Pages 45-88

    4. Courts and Expertise: Consequence-Based Arguments in Judicial Reasoning

      • Péter Cserne
      Pages 89-109

  5. New Institutions, Common Principles

    1. Front Matter

      Pages 111-111
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  6. New institutions, common principles

    1. From a Formalistic to an Integrative Model: The Case of EU Economic Regulation

      • Leigh Hancher, Pierre Larouche
      Pages 113-154

    2. The Reform of EU Electronic Communications Law: Revolution or Evolution?

      • Maartje de Visser
      Pages 155-181

    3. Networks of Regulatory Agencies in Europe

      • Saskia Lavrijssen, Leigh Hancher
      Pages 183-220

    4. Reinventing Accountability: Judicial Control Versus Participation

      • Maartje de Visser
      Pages 221-244

  7. New Models for National Legal Systems in a Global World

    1. Front Matter

      Pages 245-245
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  8. New models for national legal systems in a global world

    1. Legal Emulation Between Regulatory Competition and Comparative Law

      • Pierre Larouche
      Pages 247-287

    2. Impact Assessment: Theory

      • Pierre Larouche
      Pages 289-310

    3. Impact Assessment: Empirical Evidence

      • Angela Maria Noguera
      Pages 311-343

    4. Judicial Networks

      • Maartje de Visser, Monica Claes
      Pages 345-368

  9. Conclusions

    1. Front Matter

      Pages 369-369
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    2. Conclusions

      • Pierre Larouche, Péter Cserne
      Pages 371-383

  10. Back Matter

    Pages 385-388
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Keywords

About this book

This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Editors and Affiliations

  • , Tilburg Law School, Tilburg University, Tilburg, Netherlands

    Pierre Larouche

  • , Hull Law School, University of Hull, Hull, United Kingdom

    Péter Cserne

About the editors

Pierre Larouche is Professor of competition law, Tilburg University (the Netherlands) and a founding director of the Tilburg Law and Economics Center (TILEC). Péter Cserne is now Senior lecturer in law, University of Hull (United Kingdom) and an extramural fellow of TILEC.

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