Globalization and Law: Beyond Traditional Methodologies of Comparative Legal Studies and an Example from Private International Law

Abstract

Economic globalization directly impacts the law of states. New laws are passed, treaties are ratified, and case law shifts focus in response to global market demand. Geographic borders no longer isolate states as new technologies provide avenues for constant interaction amongst individuals on opposite sides of the globe. Law is no longer purely local when an increasing part of the world population delocalizes. People are no longer local because they either physically move or carry out business and personal matters across multiple state boundaries. If individuals and businesses continue to delocalize at an increasing rate, nations must develop mechanisms and provide new tools to understand foreign individuals, systems, and institutions. The law itself must undergo reforms to remain competitive in a world with fading borders.

This essay explores the impact economic globalization has had on comparative law, allowing for an analysis of the extent to which European Community law impacts private international laws of member states. This article demonstrates that globalization is reshaping the methods of comparative legal studies. It also shows that globalization, through European Community law, is directly impacting the private international laws of the member states of the European Union.

Keywords: comparative legal studies, globalization, private international law