Globalization constitutes a new context for regulation. It is no more possible to disregard what is happening outside to design a regulation and even more to (try to) assess its impact. This course will elaborate on this idea and inquire classic questions: what are the consequences of globalization on regulation? Is there a real competition between legal systems? How is it possible to regulate global issues in a fragmented world?
few interesting things to read (books):
Posner & Goldsmith: the limits of international law
Posner: the perils of global legalism
Hadfield, Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy
Susskind: Tomorrow's Lawyer: an introduction to your future
Gerber: global competition
En français: Karim Benyekhlef, Une possible histoire de la norme, Thèmis
Tentative schedule
1. Regulation and the new context of globalization
2. Multi-level regulation and the problem of integration of legal systems
3. Globalization, fragmentation and the law
4. Regulatory competititon, civil law vs common law?
5. Regulatory competition, its consequences
6. Regulating global issues in a fragmented world?
7. Rethinking the regulatory state in the age of globalization