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Global Law for Private Law

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Chapter Summary

This chapter provides an answer to the question of 'what is global law' from a private law perspective. The need for a concept of law derives primarily from the need to distinguish law from non-law, in particular from morality and natural law. Hence the notion of positive law: law which is institutionalised, in particular in statutes and case law. The root causes of the receding prominence of sovereignty are two-fold. Supranational law has come about by a voluntary partial transference of sovereignty. Soft law rules influence behaviour and are recognised in court decisions, even if they are not law in the traditional positivistic sense of the word. The author provisionally suggests that a viable methodology should throw off the ideal of sovereignty and instead assume a model of distributed legal supervision, through a plurality of rules and dispute resolution fora.

Keywords: global law; natural law; private law; soft law; sovereignty; supranational law; viable methodology



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