Article

The Globalization of the Law

Bryant G. Garth

in The Oxford Handbook of Law and Politics

Published in print August 2008 | ISBN: 9780199208425
Published online September 2009 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199208425.003.0014

Series: Oxford Handbooks of Political Science

 The Globalization of the Law

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The “globalization of the law” became a central topic in legal and social science scholarship in the 1980s. The topic refers to “legalization” diffused into two related kinds of domains. First, it refers to the development of and enhanced role for legal rules and procedures in transnational political and economic matters. Second, the topic refers to the increased importance of the domestic “rule of law” in countries throughout the world. The prominence of the United States in the recent story of the globalization of law supports the analogy between the globalization of law and the history of colonialism. Both the strong position of lawyers after World War II in the United States and their ideological orientation reflected an historical pattern that manifested itself early in U.S. foreign policy. This article discusses the globalization of law as well as international trade and the World Trade Organization, international human rights, import and export, and the future of anti-colonial colonialism as the globalization of law.

Keywords: United States; globalization; law; rule of law; colonialism; foreign policy; international trade; World Trade Organization; human rights; lawyers

Article.  8787 words. 

Subjects: Politics ; International Relations ; Politics and Law

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