Character, Method and Causes of Globalization of Law
Authors: Dusan Dabovic
Number of views: 274
The aim of this paper is to determine the character, method and causes of the globalization of law, that is, the contemporary phenomenon of the increasing harmonization of national legislations at a global level, primarily with international law, as well as with each other. In doing so, we have used the method of text analysis, formal-legal method, comparative method and statistical methods. The subject of our research is the relation between the general social process of globalization and the phenomenon of global harmonization of national legislations, in other words, the creation of the law proceeding from the harmonization of legal institutes, solutions and entire legal systems from international law or one country or culture, or to another country or culture, which is, in the legal theory, called "globalization of law". We have found that the character of the process of globalization of law should be positioned amongst the extreme views of the prominent authors in this field, and that the legal reception, primarily from international law, is the prevailing method of global harmonization of law. Also, the causes of the social process of globalization are simultaneously the causes of harmonization of national legislations at a global level. According to the type of factors, all causes of globalization of law are classified as objective and subjective. Furthermore, the characteristics of four groups of objective factors – technological, economic, political and cultural - have been presented, as well as significant examples. In addition to this, the characteristics of the group of subjective causes and the most significant factors of this group have been presented.