Globalization and Law

Flashcards about Globalization and Law lecture.

What is methodological nationalism?

An approach in social theory that takes the nation-state as an assumption.

What are the three elements used to understand the state?

Territory, population and administrative structure.

What is transnational law?

A body of law that includes all law which regulates actions or events that transcend national frontiers.

According to Jessup, what boundaries does transnational law try to transcend?

Those between public and private law, but also those between international and domestic law.

What are the three types of concept of globalization?

Globalization as reality, globalization as theory, and globalization as ideology.

List the four elements that characterize globalization.

Extensity, intensity, velocity, and impact/enmeshment between the global and the local.

What does extensity describe?

The stretching of activities across borders and distances.

What does intensity describe?

The magnitude of interconnectedness inherent in these transactions.

What does velocity describe?

How these transactions have gained in speed.

What are the three modes in which methodological nationalism occurs?

Ignoring ideological nationalism, naturalizing the nation-state, analytical focus restrained by nation-state boundaries.

What is global legal pluralism?

The suggestion that social realities require us to extend our focus on state law and call other things law as well: subnational, national, supranational (international) and non-state law.

What are the results of globalization increasing party autonomy in private international law?

The state's core functions, lawmaking, adjudication, are privatised, the state recognizes the results of such choices.